CITATION: R. v. Graziano, 2017 ONSC 7828
Court File Number 191/16
SUPERIOR COURT OF JUSTICE
MICHAEL GRAZIANO
- v -
HER MAJESTY THE QUEEN
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 APRIL 7, 2017 at BARRIE, ONTARIO
APPEARANCES:
L. Shirriffs Counsel for the Crown
G. Yasskin Counsel for the accused
FUERST, J (Orally)
Mr. Graziano pleaded guilty to dangerous driving causing bodily harm. He passed a vehicle towing a trailer, continued on in the other lane, went through a stop sign, and collided with another vehicle. He had been drinking, although he was not "over 80".
The driver of the other vehicle suffered a broken collar bone. She has permanent impairment of her right shoulder. She has ongoing issues with anxiety for which she requires medication.
This case is yet another unfortunate example of one individual choosing to drive in a manner that puts the safety of other users of the road at risk. In this case, the life of another person has been permanently impaired because of Mr. Graziano's selfish behaviour.
In mitigation, he has pleaded guilty, which is a sign of remorse and acceptance of responsibility for his actions. He expressed remorse to me in court today. He is in a stable relationship and is steadily employed at a job that pays him well. He has only a minor prior criminal record.
In all of the circumstances, I accept the joint submission put to me by defence and Crown counsel.
Mr. Graziano would you please stand. I sentence you to a 90 day period of imprisonment to be served intermittently as follows. Today you will surrender into custody immediately here at the courthouse and you will remain in custody until this Sunday at 4:00 p.m. Thereafter, you will surrender each Friday at 8:00 p.m. and remain in custody until Sunday at 4:00 p.m. until your sentence has been served.
When you are not in custody, you will be bound by a probation order. The conditions of that order are the statutory conditions plus you will report to the jail on time and in a sober condition with no drugs or alcohol in your system. I also make a driving prohibition order for one year.
Do you understand all of that sir?
MR. GRAZIANO: Yes.
THE COURT: Thank you, you can have a seat. Is there anything Mr. Yasskin or Ms. Shirreffs that needs to be clarified?
MR. YASSKIN: No thank you, Your Honour.
MS. SHIRREFFS: No thank you, Your Honour. The remaining count to be marked withdrawn.
THE COURT: Yes. Did I give you back the indictment Madam Registrar? Did I take the indictment? I have the exhibits. Would you please go into my chambers and see if I left the indictment on the desk or in front of the computer? Thank you. Thank you very much.
I will just endorse the indictment. All right, I have endorsed that Mr. Graziano re-elected his mode of trial to one of judge alone with the consent of the Crown. Mr. Graziano pleads guilty to Count 1. He is found guilty and a conviction is recorded. He is sentenced to 90 days intermitted - 90 days jail, intermittent, with probation when not in custody. There is a driving prohibition order for one year. Count 2 is withdrawn at the request of the Crown.
Thank you.
FORM 2
Certificate of Transcript
Evidence Act, subsection 5 (2)
I, Denise Kemp, certify that this is a true and accurate transcript of the recording of Simone Wray of R v Graziano, in the Superior Court of Justice held at 75 Mulcaster Street, Barrie, Ontario, taken from Recording No. 3811-01-20170407-084835-10-FUERSTM.dcr, which has been certified in Form 1 by Simone Wray.
March 19, 2019
(Date) (Signature of authorized person(s))
Denise Kemp
Certified Court Reporter
Authorized Court Transcriptionist
THIS IS NOT AN ORIGINAL UNLESS SIGNED IN BLUE INK
REPRODUCTION OF THIS TRANSCRIPT IN ANY MANNER IS PROHIBITED WITHOUT PRIOR PERMISSION FROM THE COURT REPORTER AND HAS NOT BEEN PAID FOR
THIS CERTIFICATION DOES NOT APPLY TO THE RULINGS,
REASONS FOR JUDGMENT, REASONS FOR SENTENCE, JURY CHARGE
WHICH WERE JUDICIALLY EDITED