ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: CRIMJ(P) 190/13
Date: 20151116
B E T W E E N:
HER MAJESTY THE QUEEN
A. S. Latimer, for the Crown
- and -
DANNY BEHARRI
J. Pyzer, for the Defence
Heard: June 2-4, 10-11, 2015
REASONS FOR SENTENCE/
DANGEROUS OFFENDER APPLICATION
ADDENDUM
HILL J.
Subject to any further Order by a court of competent jurisdiction, an Order has been made in this proceeding by the Honourable Justice S. Casey Hill directing that the identity of the complainant and S.M. and any information that could disclose such identity, shall not be published in any document or broadcast or transmitted in any way
[1] After a trial and dangerous offender sentencing proceeding, Daniel Beharri was declared to be a dangerous offender and sentenced to a total term of imprisonment of 10 years plus 1 day (after credit for 3 years of presentence custody) and a 10-year long-term supervision order (see 2015 ONSC 5900).
[2] In the Court’s original reasons (2013 ONSC 7753), convictions were entered respecting 9 counts. However, in the Court’s sentencing reasons, sentence was passed respecting 8 of those 9 counts with an omission respecting count #6.
[3] Counsel for the parties are in agreement that the Court is not functus in terms of passing sentence regarding a count for which submissions were previously made. On agreement, pursuant to s. 650(2)(b) of the Code, Mr. Beharri was permitted to be absent from the courtroom for today’s proceeding.
[4] Paragraphs 249 and 253 of 2015 ONSC 5900 are hereby amended to read:
[249] By transaction dates of occurrence, there are essentially four offence groupings:
(1) count #1 (“fractured jaw” incident)
(2) count #3 (“lacerated kidney” incident)
(3) count #s 4, 6, 12 (beating and knife assault)
(4) count #s 7, 9, 10, 11 (beating and sexual assault).
[253] To honour the totality principle, the remaining three sentences are to be served concurrently to the total sentence of 10 years and 1 day of imprisonment – the offender is sentenced on count #4 to 4, on count #6 to 18 months, years and on count #12 to 1 year.
HILL J.
DATE: November 16, 2015
Court File No.: CRIMJ(P) 190/13
Date: 20151116
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: HER MAJESTY THE QUEEN v. DANNY BEHARRI
BEFORE: HILL J.
COUNSEL:
S. Latimer, for the Crown
J. Pyzer, for the Defence
REASONS FOR SENTENCE
ADDENDUM
HILL J.
DATE: November 16, 2015