Indictment No. 17-225
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
IAN CHAPMAN
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 May 14, 2018, at Barrie, Ontario.
APPEARANCES:
K. Hull Counsel for the Crown
R. Chu Counsel for Ian Chapman
MONDAY, MAY 14, 2018
R E A S O N S F O R S E N T E N C E
FUERST, J. (Orally):
Ian Chapman pleaded guilty to aggravated assault, as a lesser included offence of attempt murder.
On April 3rd, 2017, just after nine o’clock p.m., Mr. Chapman walked into an Esso gas bar convenience store in Orillia. The store was staffed at the time by a lone male employee, Rajeshkumar Shah.
Mr. Chapman asked for cigarettes, then moved behind the cash counter. Mr. Shah told him that he was not allowed behind the counter. In response, Mr. Chapman produced a knife and stabbed Mr. Shah 17 times, in the chest, stomach and arms.
The assault stopped when a customer came into the store. The customer fled outside when he realized what was happening. He went to the vehicle he had arrived in and asked his companion to call 911.
The accused left the store. The customer and his companion followed the accused, while on the phone with 911. The accused yelled to them, “Do you want some of this?” Ultimately, he ran off.
The accused was apprehended by a police officer. He presented as on some kind of drug. He told the officer that he had ingested a large quantity of cough medicine.
In a police interview, the accused said that he had gone to the store to get cigarettes while drunk and on drugs, and that the clerk “screwed with me so I screwed with him.”
Mr. Shah sustained numerous lacerations, and underwent surgery. His injuries have healed, other than those to his left hand, which is permanently disabled. He has been unable to work as a result.
In his Victim Impact Statement, Mr. Shah describes experiencing anxiety and depression. He is not able to work because of a lack of sensation in his left hand. He has to depend on his extended family for financial support. He and his family came to Canada for a better life, but now the entire family is disturbed and traumatized. He feels hopeless.
Mr. Chapman is 30 years old. He suffers from schizophrenia and is on ODSP as a result. He has been addicted to cough medicine for about seven years. He has a criminal record dating back to 2004, which includes numerous convictions for multiple crimes of violence.
Crown and defence counsel jointly submit that Mr. Chapman should be sentenced to three and one half years in jail, less credit for time in pre-sentence custody, and that ancillary orders should be made. Although the pre-sentence custody could be credited as 20 months on the basis of enhanced credit, leaving a sentence of 22 months in jail still to serve, Mr. Chapman personally asks me to limit the pre-sentencing custody credit so that the remainder of the sentence to be served is two years in the penitentiary.
The offence has a number of aggravating features. Convenience store employees are vulnerable to attack, especially at night, because they tend to work alone. This was an unprovoked assault on such a victim. Mr. Chapman went to the store while under the influence of drugs and alcohol. He was armed with a knife. He inflicted multiple stab wounds on the defenceless victim. The victim has suffered long-lasting physical and emotional effects. Mr. Chapman has a criminal record for crimes of violence. He was on probation at the time of the offence. The offence carries a high degree of moral blameworthiness.
In mitigation, Mr. Chapman pleaded guilty, which is a sign of remorse and willingness to accept responsibility for his actions. His plea spared the victim from having to testify at a trial. Mr. Chapman is a relatively young man, and this will be his first significant jail sentence.
I agree that the predominant principles of sentencing are denunciation, deterrence both general and specific, and the need to separate Mr. Chapman from society for its protection.
Balancing the aggravating and mitigating circumstances, I accept the joint submission.
Mr. Chapman, please stand. I sentence you to three and a half years in jail, less pre-sentencing custody credited as 18 months, leaving a sentence to be served of two years in the penitentiary. I recommend counselling for substance abuse and mental health issues.
There is a DNA order and a section 109 weapons prohibition order for life. You may be seated.
Ms. Hull, Mr. Chu, is there anything that needs to be clarified?
MR. CHU: Nothing further. Thank you, Your Honour.
MS. HULL: No. Thank you, Your Honour.
THE COURT: All right. So I will just endorse the indictment then. Do we have to deal with the victim surcharge, given the date of the offence? I think it is mandatory, given the date of the offence.
MS. HULL: Yes.
THE COURT: Is it 200 dollars then, Madam Registrar?
COURT REGISTRAR: Yes, it is, Your Honour.
MR. CHU: Your Honour, Mr. Chapman asks for 90 days.
THE COURT: Can he pay it in 90 days? I am content to give him a lot longer than that if....
MR. CHU: Mr. Chapman is asking - Mr. Chapman is requesting six months.
THE COURT: All right. Ms. Hull?
MS. HULL: That’s fine. Thank you.
THE COURT: I have endorsed: Mr. Chapman is sentenced to three and half years in jail, less pre-sentencing custody credited as 18 months, leaving a sentence to be served of two years in the penitentiary. I recommend counselling for substance abuse and mental health issues. There is a DNA order, a section 109 order for life, and a victim surcharge of 200 dollars with six months to pay.
FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))
Evidence Act
I, Diane Cavana, certify that this document is a true and accurate transcript of the recording of
R. v. IAN CHAPMAN
in the Ontario Superior Court of Justice held at 75 Mulcaster Street, Barrie, Ontario, taken from Recording 3811-01-20180514-133715-20-FUERSTM, which has been certified in Form 1.
Diane Cavana
C.R.A.O. Certified Court Reporter
Authorized Court Transcriptionist
Transcript Ordered:
May 23, 2018
Transcript Completed:
May 26, 2018
Released by Justice:
June 6, 2018
Ordering Party Notified:
June 6, 2018