Paul Joseph Calarco

The accused brought an application in the Superior Court of Justice challenging proceedings conducted before a judge of the Ontario Court of Justice.

The applicant sought to have the earlier proceedings set aside and to require that a preliminary inquiry be held.

The court granted the application and quashed the proceedings before the Ontario Court of Justice.

The matter was remitted to the Ontario Court of Justice, differently constituted, with directions that a preliminary inquiry be commenced.

The accused pleaded guilty to sexually assaulting a 66-year-old vulnerable woman with a weapon in the maintenance room of an apartment building.

The assault involved forced fellatio, attempted anal penetration, forced crack cocaine use, and vaginal intercourse without protection.

The victim suffered severe physical injuries and devastating long-term psychological trauma including post-traumatic stress disorder.

The court imposed a sentence of 6.5 years less 14 months pre-trial custody, resulting in a further 5 years and 4 months incarceration, along with a lifetime firearms prohibition, DNA order, and 20-year Sexual Offender Information Registration Act compliance.