ONTARIO COURT OF JUSTICE
DATE: 2025-02-10
NEWMARKET
BETWEEN:
HIS MAJESTY THE KING
— AND —
CENGIZ AY
SENTENCING
Heard and Delivered: February 7, 2025.
Ms. Roxana Jahani-Geran for Mr. Rzeszutek — counsel for the Crown
Mr. Abdullah Gur — counsel for the defendant
KENKEL J.:
[1] After hearing persistent engine revving coming from across the street, a witness looked out her bedroom window. She saw Mr. Ay’s pickup truck in a driveway pointed towards her house. She said the truck drove forward “full fledge” (meaning at full speed) on a diagonal path into her neighbour’s garage. The crash shook her house which is attached. Constable Roberts found the pickup truck inside the garage. The garage door was torn off and laying on top of the truck. There was structural damage to the house including the framing around the garage. The family who lived in the home said they smelled gas. They were evacuated for their safety by the Vaughan Fire Department.
[2] Mr. Ay was convicted at trial of impaired operation of a motor vehicle and refusing to provide a breath sample for testing by an approved instrument.
[3] Given the threat to public safety and the need for general deterrence in this region with such a high rate of drinking and driving offences, the Crown submits a 30-day jail sentence is required. The defence concedes that a custodial sentence is required but submits that a 60-day conditional sentence would sufficiently address the factors identified by the Crown.
[4] The aggravating factors include the very dangerous nature of the driving – accelerating at high speed towards a residential home. That posed a high degree of risk to Mr. Ay and everyone in the vicinity. The damage caused and the removal of people from their home as a consequence is a further aggravating factor. Mr. Ay’s high degree of intoxication at the time also aggravates sentence.
[5] The fact that this incident is an isolated error mitigates sentence. Mr. Ay has no record and is otherwise employed and supporting his family.
[6] Mr. Ay is a permanent resident of Canada. Mr. Gur mentioned that his conviction may have immigration consequences regardless of the sentence. While I don’t agree that’s a mitigating factor, collateral consequences can be relevant to sentence.
[7] I agree that a custodial sentence is required. In this case I find that a global conditional sentence of 90 days best meets the purpose and principles of sentence. It provides for both specific and general deterrence and the protection of the public through longer supervision than a brief jail term.
[8] On the impaired operation count Mr. Ay will be sentenced to a conditional sentence of 60 days. On the refusal count Mr. Ay will be sentenced to a conditional sentence of 30 days consecutive for a global conditional sentence of 90 days.
[9] In addition to the statutory terms, Mr. Ay will obey a condition of house arrest for the entire period subject to the following exceptions: for the purpose of employment including direct travel to and from work, for medical emergencies involving Mr. Ay or any member of his immediate family, for compliance with the terms of this order including reporting to your supervisor or counselling, except for one period each week on Saturdays from the hours of 12 noon to 4:00 p.m. for the purpose of shopping for the necessities of life, and except with the permission of your supervisor.
[10] In addition to the house arrest condition Mr. Ay will not occupy the driver’s seat of any motor vehicle. He will not operate a motor vehicle. He will take counselling for alcohol use as directed by his supervisor and sign any releases necessary to monitor his compliance with that condition.
[11] The conditional sentence will be followed by a term of probation of 24 months. In addition to the statutory terms, he will report by phone within 48 hours of the expiry of his conditional sentence and thereafter as required. He will not operate or occupy the driver’s seat of any motor vehicle unless licensed to do so by the Province of Ontario in a vehicle equipped with an approved ignition interlock device. He will continue counselling for alcohol use as directed by probation and sign any releases necessary for probation to monitor compliance with that condition.
[12] As of today, Mr. Ay is prohibited from operating a motor vehicle anywhere in Canada for a period of 27 months on both counts concurrent, being two years plus the full term of his conditional sentence for a total prohibition of 27 months. I find the 27-month period is the least restrictive term that could sufficiently provide for public safety in the circumstances of this case.
[13] There will be a victim fine surcharge on each count.
Delivered: February 7, 2025.
Justice Joseph F. Kenkel