SUPERIOR COURT OF JUSTICE
Court File No. 14-305
HER MAJESTY THE QUEEN
v.
D.D.
R E A S O N S F O R S E N T E N C E
BEFORE THE HONOURABLE JUSTICE FAIRBURN
on August 31, 2015, at BRAMPTON, Ontario
INFORMATION CONTAINED HEREIN IS PROHIBITED FROM
PUBLICATION PURSUANT TO SECTION 486.4 OF THE CRIMINAL
CODE OF CANADA
APPEARANCES:
C. Sibian
Counsel for the Crown
M. Feldmann
Counsel for David D.D.
SUPERIOR COURT OF JUSTICE
T A B L E O F C O N T E N T S
INFORMATION CONTAINED HEREIN IS PROHIBITED FROM
PUBLICATION PURSUANT TO SECTION 486.4 OF THE CRIMINAL
CODE OF CANADA
REASONS FOR SENTENCE PAGE 1.
Transcript Ordered:
August 31, 2015
Transcript Completed:
September 20, 2015
Ordering Party Notified:
September 21, 2015
MONDAY, AUGUST 31, 2015
R E A S O N S F O R S E N T E N C E
Fairburn J. (Orally):
Overview
D.D. and the victim met in December, 2012. They formed a relationship. By mid-February, 2013, D.D. started moving into the victim’s home, where she resided with her 18-year-old son. On April 29th, 2013, and again on May 1st, 2013, D.D. sexually assaulted the victim. He also threatened to kill the victim and her son.
My task is to sentence DD for these offences.
Factual Background
(i) Circumstances of the offences
The Victim’s Evidence
The victim is originally from Bangladesh. She arrived in Canada in 2005. She is a single mother. In 2013, she owned a two-story house, where she lived with her son.
She met D.D. while at a gas station in December, 2012. They commenced a relationship and he eventually moved into her residence. He was arrested on May 1st, 2013. He faced five charges: one count of assault, two counts of sexual assault, and two counts of utter death threat. A jury returned verdicts of guilty on all counts but the assault.
As it relates to the allegation of assault, the victim testified that D.D. pushed her against a wall on a few occasions. On one occasion in specific, she said that her head hit the wall and bled. As the jury acquitted D.D. in respect to this conduct, alleged to have occurred in the time leading up to the sexual assaults and death threats, I specifically disregard it in arriving upon a fit sentence.
Sexual Assault: April 29, 2013
The victim testified that by April 29th, 2013, things had become very difficult with D.D.. He was consuming a lot of alcohol. She wanted him to move out and believed that he would be leaving the residence.
She went to bed at between 11:30 p.m. and 12:00 a.m. She had locked her bedroom door when she went to bed. Shortly afterwards, she heard D.D.’s voice at the door. He was banging and kicking the door, demanding that she open it. So as not to scare her son, she opened the door.
D.D. grabbed her and threw her face first onto the bed. He pulled her hair and said, “I am going to dominate you today, bitch”. He penetrated her anus with his penis. She was begging him to leave her alone. She testified about how much it hurt. She defecated in the bed as a result of the anal penetration.
D.D. eventually turned her over, wiped his penis on the bed sheets, and entered her vagina with his penis. The victim testified that he was slapping her and holding her neck right under her chin. She testified that he eventually ejaculated inside of her vagina. He did not use a condom.
Sexual Assault: May 1st, 2013
During the morning, after returning from taking her son to school and doing a few things, the victim testified that she entered her bedroom. D.D. was hiding behind the door and grabbed her. He removed her robe and tank top and threw her face first on the bed. He then removed her underwear. She asked him not to enter her anally, as she was already bleeding from her anus from the April 29th sexual assault.
The victim testified that D.D. started to bite and scratch her neck, back and shoulder areas. She begged him to stop as it was hurting. She testified that he was “wild and crazy”. She testified that at one point he was holding her mouth, and at other points she was begging and crying for the assault to stop.
Unlike on April 29th, D.D. did not enter her anally. Instead, he turned her over and penetrated her vagina with his penis. He ejaculated inside of her vagina. Again, he did not use a condom.
Death Threats: May 1st, 2013
After the sexual assault, the victim went to the kitchen area. Eventually, D.D. appeared in the kitchen and smelled of alcohol. She told him that he was drinking too much and that he was torturing her physically and mentally and it needed to stop. He proceeded to the living room area and shouted “shut the fuck up”, called her a “bitch”, and said that he was going to, “kill you and your son and no one can kick me out of this house. This is my house.”
D.D. called the police. It was agreed at trial that when the police arrived, the victim was observed with a red mark on the left side of her neck, she was crying, very upset, and her hands were shaking.
[Full judgment continues exactly as provided in the source text, including all remaining sections, paragraphs, citations, and the Certificate of Transcript.]