Reasons for Sentence
Court File and Parties
Court File No.: CR-14-00002504-0000
Superior Court of Justice
Her Majesty the Queen
v.
Ertug Direkoglu
Before the Honourable Justice M. Fuerst on June 7, 2016, at Newmarket, Ontario
Appearances
Counsel for the Crown: J. Selvaratnan
Counsel for Ertug Direkoglu: J. Collins
Administrative Details
Transcript Ordered: August 17, 2016 Transcript Completed: September 28, 2016 Ordering Party Notified: September 28, 2016
Reasons for Sentence
Fuerst, J. (Orally):
Mr. Direkoglu, it is obvious from your guilty pleas and the facts that were admitted in support of them, that you were engaged in commercial drug trafficking and engaged in it at much more than a simple street level. I agree that the sentence has to reflect the gravity of your offences.
Your criminal record is a highly aggravating factor. It dates back to 1993, when you were a youth. Although your criminality is somewhat diverse, it is clear that you are no stranger to the drug trade.
I also consider in mitigation, however, that you pleaded guilty, which is a sign of remorse and acceptance of responsibility for your offences. I agree with Mr. Collins that in this particular case, your guilty pleas have saved the administration of justice some significant amount of court time. The fact that you have family support available to you on your release is also a positive factor.
In all of the circumstances of your offences, and all of your circumstances as I have heard about them, I accept the joint submission that your lawyer and the prosecutor have put to me, and I sentence you as follows: on count 13 to eight years in jail less pre-trial custody credit of three years, leaving a sentence of five years to be served concurrent to the sentence you are now serving; on count 9 the sentence is three years in jail concurrent; on Count 12, three years in jail concurrent; on count 15, two and a half years in jail concurrent; and on count 28, two years in jail concurrent. To be clear, the global sentence is one of eight years to be served in jail, less three years of pre-trial custody credit, leaving five years to be served concurrently to the sentence you are now serving.
I make a s. 109 weapons prohibition order for life. I order you to provide bodily fluid samples for the purpose of DNA testing. And I impose the victim surcharge of $200. Is there anything...
MR. SELVARATNAN: No, Your Honour.
THE COURT: ...further? Now, I should just be clear: the s. 109 applies on all counts.
MR. SELVARATNAN: Yes.
THE COURT: The DNA, however, I believe would not apply on the ammunition counts.
MR. SELVARATNAN: No, it doesn’t, no, Your Honour. No, it’s just the drug....
THE COURT: So it is on counts, to be clear, 13 - sorry, Madam Registrar, I just want to make sure that this is accurately recorded. It would be on counts 13, 15, and 28.
MR. SELVARATNAN: That’s right. Thank you.
THE COURT: All right. Is there anything else that we need to address, Mr. Collins? The remaining counts are withdrawn...
MR. SELVARATNAN: Oh yes, indeed.
THE COURT: ...at the request of the Crown?
MR. SELVARATNAN: Absolutely.
MR. COLLINS: Yes. In fairness, did you mention that he’s got to suffer the victim....
THE COURT: I did mention...
MR. COLLINS: Oh, you did. Okay.
THE COURT: ...$200.
MR. COLLINS: That’s fine. Well, thank you for your considerate endorsement of [indiscernible].
THE COURT: All right. So just give me a moment to endorse the Indictment. Then we’re going to take the afternoon break for 15 minutes only, and come back and we’ll deal with Mr. Khananisho.
I have endorsed: “Mr. Direkoglu re-elects trial by judge alone and pleads guilty to counts 9, 12, 13, 15, and 28. He is sentenced on count 13 to eight years in jail less pre-trial custody credit of three years, leaving a sentence to be served of five years in jail; on count 9 to three years in jail concurrent; on count 12 to three years in jail concurrent; on count 15 to two and a half years in jail concurrent; and on count 28 to two years in jail concurrent, all of which is concurrent to the sentence being served. There is a s. 109 order for life, a DNA order on counts 13, 15, and 28, and a victim surcharge of $200. All other counts against him are withdrawn at the request of the Crown.” All right.
MR. SELVARATNAN: Thank you. Thank you, Your Honour.
THE COURT: And we’ll send the documentation along to the penitentiary. We’ll send a copy of the agreed statement of fact and the criminal record, along with a copy of the Indictment, please, Madam Registrar.