Superior Court of Justice
File #: 4911-999-16-2042
2017 ONSC 6459
HER MAJESTY THE QUEEN
v.
JABA SUARISHVILI
REASONS FOR SENTENCE
BEFORE THE HONOURABLE JUSTICE M. FUERST
on September 20, 2017 at NEWMARKET, Ontario
APPEARANCES:
P. Westgate Counsel for the Crown
G. Alatopulos Counsel for the Defendant
CITATION: R. v. SUARISHVILI 2017 ONSC 6459
Wednesday, September 20, 2017
REASONS FOR SENTENCE
FUERST, J. (Orally):
THE COURT: Mr. Suarishvili, home invasion is a very serious offence, particularly when it is committed with a view to robbing the occupants or their premises, as was the case in this crime. The Court of Appeal has indicated that home invasion robbery attracts a very substantial penitentiary sentence, even for an individual who has no criminal record. To be very clear, Crown counsel is not relying on a criminal record in respect of you, and so I must treat you as a first offender.
There are some very important aggravating factors in this case. The offences were committed in the middle of the night; a firearm was involved; youthful residents of the home were asleep, or at least in bed at the time; one of them was tied up with duct tape. It is a further aggravating factor that this was a group activity. It was, no doubt, a terrifying incident for the individuals who were in the house, and I take judicial notice of that, even though no victim impact statements have been filed.
In mitigation, you pleaded guilty, which is a sign of your remorse and your willingness to take responsibility for your actions. It appears, from your lawyer’s comments, that you are likely to be deported from Canada, where your family resides. You are a relatively young man. You have experienced significant health problems.
In all of the circumstances, I accept the joint submission that has been put to me by experienced Crown and defence counsel.
On count 1, I sentence you to 6 years in the penitentiary, against which I credit you with 2 and-a-half years for pre-trial custody. That leaves a sentence to be served in the penitentiary of 3 and-a-half years.
On count 3, I sentence you to serve 3 and-a-half years in the penitentiary concurrently.
There is a section 109(2)(a) order for 10 years, and a section 109(2)(b) order for life on both counts, and a DNA order on both counts.
The other counts, Mr. Westgate?
MR. WESTGATE: They can be marked as withdrawn against Mr. Suarishvili, and if the other counts against Mr. Pinkhasov and Mr. Raufi could be marked as withdrawn, please.
THE COURT: All right. Is there anything else that needs to be clarified?
MR. ALATOPULOS: Your Honour, just with respect to the fine, I believe that there’s a legislation change, but if it’s possible to waive the surcharge, (a) because he is in custody, and (b) that my understanding, because he is subject to a deportation order, he won’t be gainfully employed in Canada, as a result will be deported from Canada, as I understand it.
THE COURT: I don’t think I have the legal ability to waive it anymore...
MR. ALATOPULOS: Yeah.
THE COURT: ...unless you know...
MR. ALATOPULOS: No.
THE COURT: ...differently than I do. So I think, if it comes within the framework, the timing framework, I have to make the orders. Do you have a blank piece of paper, Madam Registrar? I think it’s $200 per count.
COURTROOM REGISTRAR: Yes.
MR. ALATOPULOS: And Your Honour, one more...
THE COURT: Yes.
MR. ALATOPULOS: ...issue. Since – my understanding is that he would be sent to an institution where he’ll be assessed, and then sent to another penitentiary. Could we endorse the indictment to ensure that the hospital is aware of his situation, so...
THE COURT: Yes.
MR. ALATOPULOS: ...if, in advance, they have to make telephone calls to local hospitals to deal with his medical issue?
THE COURT: Yes. We’ll ask Madam Registrar to endorse that on the warrant of committal, please.
COURTROOM REGISTRAR: Yes, Your Honour.
THE COURT: Just give me a moment. All right. I’ve endorsed Mr. Suarishvili re-elects trial by judge alone. He pleads guilty to counts 1 and 3. He is found guilty, and convictions are recorded.
He is sentenced on count 1 to 6 years in jail, less pre-trial custody credited at 1 and-a-half to 1, as 2 and-one-half years, leaving a sentence to be served of 3 and-a-half years in jail.
On count 3, to 3 and-a-half years in jail, concurrent.
There is a section 109(2)(a) and a section 109(2)(b) order for 10 years and life, and a DNA order on each count. The victim surcharge of $200 is imposed on each count with 4 years to pay. All other counts are withdrawn at the request of the Crown. Is there anything that needs to be amended? No?
MR. WESTGATE: I don’t think so.
THE COURT: All right. Now, the other two accused?
MR. WESTGATE: I’m asking....
MR. SIMROD: Mr. Westgate stated that these would be withdrawn.
MR. WESTGATE: Yes. I’m asking that the other two accused, the charges against them on the same indictment, be marked as withdrawn.
THE COURT: All right. All counts are withdrawn at the request of the Crown against Pinkhasov and Raufi.
MR. WESTGATE: I would indicate that Mr. Pinkhasov will still remain in custody due to an immigration hold, as I understand it.
THE COURT: All right. Thank you.
MR. ALATOPULOS: Thank you, Your Honour.
THE COURT: Thank you all very much. And oh, I should vacate the...
MR. WESTGATE: The trial dates. Thank you.
THE COURT: ...April – the April 10th trial date.
MR. SIMROD: Yes, and three weeks thereafter.
THE COURT: Thank you. Thank you for working to get to this resolution well in advance of the scheduled trial date.
MATTER CONCLUDED.