COURT FILE NO. CR-15-00013980-0000
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
OLUWASHEUN LARRINGTON HASTINGS
R E A S O N S F O R S E N T E N C E
BEFORE THE HONOURABLE JUSTICE M. FUERST
on DECEMBER 10, 2015, at OSHAWA, Ontario
APPEARANCES:
D. Slessor Counsel for the Crown
S. Hinkson Counsel for Mr. Hastings
Thursday, December 10, 2015:
REASONS FOR SENTENCE
FUERST, J. (Orally):
These offences were committed in respect of two victims, at night. The victims were vulnerable to attack by virtue of their employment. It is a further aggravating factor that a weapon in the form of bear spray was used to attempt to overpower the victims. The robbery, obviously, was planned in advance and carried out in a deliberate manner.
Mr. Hastings has a prior conviction for robbery for which he received the equivalent of a significant penitentiary sentence in 2011. Obviously, it had no deterrent or reformative effect on him.
I agree with Crown counsel that the actions of Mr. Hastings posed a risk of harm to innocent members of the public. At least one of the victims has been personally impacted.
In mitigation, Mr. Hastings pleaded guilty, which is a sign of remorse and acceptance of responsibility. His plea has spared his victims from testifying, and saved court resources. In all of the circumstances, I accept the joint submission that has been put to me by experienced Crown and defence counsel who are familiar with the file.
Mr. Hastings, would you please stand?
On Count 1, I sentence you to 5 years in the penitentiary less pretrial custody credited at the equivalent of 430 days. This calculation has been made on the basis of 1.5 to 1. That leaves a sentence to be served of 3 years and 300 days.
On Count 2, the sentence is 3 years and 300 days to be served concurrently.
On both counts there is a DNA order and a S.109 order for life.
I order forfeiture of the items seized.
I impose a S.743.21 non-communication order in respect of Mike Lake and Mike Waite.
You may be seated.
MR. SLESSOR: Thank you.
THE COURT: Any clarification needed?
MR. SLESSOR: No, Your Honour, not with respect to that. I simply ask the remaining count on the indictment be marked as withdrawn, please.
THE COURT: Mr. Hinkson?
MR. HINKSON: Nothing further, Your Honour.
THE COURT: It is just going to take me a couple of minutes to endorse the indictment. I have endorsed the indictment as follows:
Mr. Hastings re-elected his mode of trial with Crown consent. He pleaded guilty to Counts 1 and 2, was found guilty on each and convictions were registered. On Count 1, he is sentenced to 5 years in the penitentiary less 430 days of pretrial custody credited at 1.5 to 1, leaving a sentence to be served of 3 years and 300 days. On Count 2, the sentence is 3 years and 300 days concurrent. There is a DNA order and S.109 order for life on both counts. Forfeiture of the seized items is ordered. There is a S.743.21 non-communication order in respect of Mike Lake and Mike Waite. Count 3 is withdrawn at the request of the Crown.
Is that everything?
MR. SLESSOR: Yes it is, Your Honour. Thank you.
MR. HINKSON: Thank you, Your Honour. I thank my friend. If I could be excused?
THE COURT: Yes, thank you.
Form 2 Certificate of Transcript Evidence Act, Subsection 5(2)
I, Amber Lihou, certify that this document is a true and accurate transcript of the recording of December 10, 2015 in the Superior Court of Justice, held at 150 Bond St. E., Oshawa, ON, taken from Recording #2812-204-20151210-085430-10-FUERSTM which has been certified in Form 1. ___________________ ___________________________________
(Date) Signature of Authorized Person(s)