Robert Antonio Cutruzzola

The court sentenced Jordan James O’Brien-Tobin to life imprisonment with 18 years of parole ineligibility for the second degree murder of Gabriel Magalhaes, a 16-year-old stranger, at a Toronto subway station.

The decision details the aggravating and mitigating factors, including the random and brutal nature of the offence, the devastating impact on the victim’s family and community, the offender’s extensive criminal record, and his personal and mental health background.

The court found that the protection of society, denunciation, and deterrence required a period of parole ineligibility above the statutory minimum.

The appellant sought leave to appeal a sentence imposed by the Superior Court of Justice.

The Court of Appeal granted leave and allowed the appeal, determining that a conditional sentence was a fit sentence, aligning with what the trial judge would have imposed had it been available.

The terms of the conditional sentence were to be prepared and released subsequently.

The appellants appealed their custodial sentences for production and possession for the purpose of trafficking in marijuana.

They sought a suspended sentence or an intermittent custodial sentence.

The Court of Appeal found no error in principle by the sentencing judge and held that the sentences were fit.

The appeals from sentence were dismissed, except that the victim surcharges were set aside.