Court File and Parties

Court File No. CR-1700006626-0000

SUPERIOR COURT OF JUSTICE

HER MAJESTY THE QUEEN

v.

JAMES AGYEMAN

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 June 24, 2019, at NEWMARKET, Ontario

APPEARANCES:

J. Pearson Counsel for the Crown

C. Rippell Counsel for James Agyeman

Reasons for Sentence

FUERST, J. (Orally):

Obviously, this was a most serious offence that could have resulted in serious harm to one or more residents of the house. The offence was planned and required Mr. Agyeman to travel a considerable distance from his home in Kitchener, to Vaughan.

He has a significant criminal record, including previous weapons offences.

In mitigation, Mr. Agyeman pleaded guilty. This is a sign of remorse and his acceptance of his responsibility for the offence. It is a late guilty plea, but it has saved three weeks of court time.

I agree that had Mr. Agyeman pleaded guilty to this offence along with the drug matter in 2018, a six-and-a-half-year sentence would have been appropriate.

I accept the joint submission and I now impose a sentence of one and a half years in jail, consecutive to the sentence being served.

Are there to be ancillary orders? I am thinking of s. 109 and DNA.

MR. PEARSON: It is a primary designated offence, and obviously Mr. Agyeman has been more recently subject to a lifetime prohibition under section 109. I would be asking for that.

THE COURT: Any objection, Mr. Rippell?

MR. RIPPELL: No.

THE COURT: In addition, then, to the time in jail, I make a DNA order and I impose a s. 109 weapons prohibition order for life.

Is there anything further, Mr. Pearson or Mr. Rippell? The other counts?

MR. RIPPELL: There’s a number of additional counts, yeah.

THE COURT: Yes.

MR. PEARSON: If those could please be marked withdrawn. I believe there’s only one indictment before the court, but if I’m wrong, obviously any other indictment would be...

THE COURT: We’ll check.

MR. PEARSON: ...I’d ask to be marked withdrawn.

THE COURT: And the dates should be vacated, the outstanding dates?

MR. PEARSON: Please. That’s July 15 to August 2, Your Honour. And with respect to Mr. Uyaelumuo’s matter, Crown is asking that all counts against him be marked as withdrawn.

THE COURT: I will do that. Thank you. I have endorsed:

After a plea inquiry, with Crown consent Mr. Agyeman re-elects trial by judge alone. He pleads guilty to count 2. He is found guilty and a conviction is registered. He is sentenced to one and a half years in jail, which is consecutive to the sentence being served. There is a s. 109 order for life and a DNA order. All other counts, and all counts against Mr. Uyaelumuo, are marked withdrawn at the request of the Crown. The dates of June 25 to 28, 2019, and July 15, 2019 onward are vacated.

Is that everything?

MR. PEARSON: It is. Thank you so much, Your Honour.

THE COURT: All right. Thank you.

MR. PEARSON: Thank you for allowing us to crowd your list.