Court File and Parties
Court File No.: CR-16-0115 Ontario Superior Court of Justice
Her Majesty the Queen v. Kostantinos Tountzios
Before: The Honourable Justice M. Fuerst On: August 9, 2018, at Newmarket, Ontario.
Appearances: S. Kumaresan, Counsel for the Crown J. Navarrete, Counsel for Kostantinos Tountzios
Reasons for Sentence
Thursday, August 9, 2018
Fuerst, J. (Orally):
This is an instance in which a hardworking man of good character committed a serious assault on a woman who loved and trusted him.
Acts of violence by one domestic partner against another are, unfortunately, still all too common in Canadian society.
That is why the objectives of denunciation, meaning the expression of society’s condemnation of the offence, and general deterrence, meaning the need to prevent others in the community from committing the same kind of offence, are the primary considerations in sentencing for this sort of serious domestic assault.
In this case I also bear in mind the need to ensure specific deterrence, meaning that Mr. Tountzios does not repeat the offence in the future, and also his rehabilitation.
The aggravating factors are:
- Mr. Tountzios and the victim were essentially common-law spouses, and had been for about three years.
- The assault on the victim was vicious and prolonged. It involved smashing her head into a wall, choking her to the point she began to black out, attempting to suffocate her, and punching her down the stairs. She suffered numerous injuries, including a fractured arm and a concussion. Mr. Tountzios told her during the assault, “Why won’t you fucking die?” which is indicative of his angry and out of control state of mind at the time. He is fortunate that she did not die.
- He prevented her from calling 911 for help, for several hours.
- Although no Victim Impact Statement was submitted to me, the victim did tell the pre-sentence reporter of her ongoing physical and emotional problems resulting from the assault. The impact that the assault had on her has been significant.
In mitigation I consider:
- Mr. Tountzios pleaded guilty, which is a sign of his remorse and his willingness to accept responsibility for his offence.
- He expressed genuine remorse in his personal remarks today in court.
- He had no criminal record at the time of the offence.
- The letters from family members and friends indicate that he is otherwise a person of good character, a hard worker, and a person who has support in the community.
It is obvious that Mr. Tountzios is an alcoholic, and that his excessive drinking drove his violent behaviour on this occasion. I do not regard his alcohol abuse as a mitigating circumstance. Rather, it provides an explanation for his behaviour. If it is addressed through treatment, counselling and abstinence, I am satisfied that Mr. Tountzios will not repeat the behaviour. In other words, specific deterrence will be achieved.
I am further satisfied that if his alcohol abuse is addressed, he is capable of rehabilitation. It is a positive indicator that Mr. Tountzios recognizes that he has an alcohol problem and wants to address it while he is in custody.
In all of the circumstances, I accept the joint submission.
Mr. Tountzios, would you please stand.
I sentence you to three years in the penitentiary, less six months’ credit for pretrial custody and strict bail conditions, leaving a sentence to be served of 30 months in jail.
I make a DNA order, a section 109(2)(a) order for ten years, and a section 109(2)(b) order for life. I impose the victim surcharge of 200 dollars and order that it be paid within six months.
You can be seated, sir.
Is there anything that needs to be clarified about any of that?
MS. KUMARESAN: No, Your Honour.
THE COURT: Mr. ...
MR. NAVARRETE: No, Your Honour.
THE COURT: ...Navarrete? The other counts, Ms. ...
MS. KUMARESAN: If they...
THE COURT: ...Kumaresan?
MS. KUMARESAN: ...could be marked as withdrawn.
THE COURT: I have endorsed on the indictment that: A sentencing hearing was held today. Mr. Tountzios is sentenced to three years in the penitentiary, less credit of six months for pretrial custody and strict bail conditions, leaving a sentence to be served of 30 months in jail. I make a DNA order, a section 109(2)(a) order for ten years, and a section 109(2)(b) order for life. I impose the victim surcharge of 200 dollars and order that it be paid within six months. All other counts are withdrawn at the request of the Crown.
Certificate of Transcript
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. KOSTANTINOS TOUNTZIOS in the Ontario Superior Court of Justice held at 50 Eagle Street West, Newmarket, Ontario, taken from Recording 4911_403_20180809_082026_10_FUERSTM.dcr, which has been certified in Form 1.
Diane Cavana Certified Court Reporter Authorized Court Transcriptionist
Transcript Ordered: August 15, 2018 Transcript Completed: August 24, 2018 Released by Justice: September 12, 2018 Ordering Party Notified: September 13, 2018