R. v. Islam, 2025 ONSC 291

Court File No.: CR 22-30000678
Date: 2025-01-16
Ontario Superior Court of Justice

Between:
His Majesty the King
– and –
K. M. Thauhidul Islam

Appearances:
M. Petrie, counsel for the Crown
A. Bryant, counsel for Mr. Islam
Heard: October 4, 2024

Reasons for Sentence
Heather McArthur

Introduction

[1] After trial, I found K. M. Thauhidul Islam guilty of attempting to murder his wife by striking her about the head and body repeatedly with a heavy metal rebar. I also found him guilty of assaulting her about a year and a half earlier and threatening to kill her a month before the attempted murder.[1]

[2] The Crown argues that a sentence of 17 years is required to give proper voice to the paramount sentencing objectives of denunciation and deterrence. The defence counters that a sentence of 14 to 15 years is fit and proportionate.

Circumstances of the Offence

[3] The facts of this matter were set out in R. v. Islam, 2024 ONSC 3643. I do not intend to repeat them here.

[4] In brief, I convicted Mr. Islam of committing offences against his wife, Farzana Iqbal, on three separate occasions. First, in January 2020, Mr. Islam pushed Ms. Iqbal, causing her to hit her hand against a door frame. This resulted in a small injury to her hand.

[5] Second, in June 2021, while Mr. Islam and Ms. Iqbal were arguing, he said something along the lines of, “Do you want to see what I am capable of?” He then went into the kitchen, and Ms. Iqbal said that she heard him open a drawer and the sound of something metal. Their young daughter then ran up to Mr. Islam, and he stopped whatever he was doing. Ms. Iqbal told him that they were in Canada and if he killed her, he would spend the rest of his life in jail. He responded by saying: “I will kill you. I will kill the kids. I will kill myself. End of story.”

[6] Then, on July 5, 2021, Ms. Iqbal was getting ready to take their two young children to daycare. She had strapped them into car seats and was about to help her young son put his shoes on. Mr. Islam came up behind her and began to strike her with a heavy metal rebar. As he struck her repeatedly about the head and body, he said, numerous times, something along the lines of, “Today I will finish you. Today I will end you. Today I will kill you.”

[7] After Mr. Islam struck Ms. Iqbal several times, she fell to the ground. Mr. Islam continued to hit her with the metal rebar as she lay curled up in the fetal position. A neighbour who saw part of the attack described Mr. Islam as “wailing” on her when she was on the ground. The attack ended when Ms. Iqbal’s 14-year-old son came outside, grabbed Mr. Islam, and wrestled him to the ground.

[8] Mr. Islam then went inside the home, where he stabbed himself in the stomach. He then came back outside and attempted to enter the car where his wife and the three children were cowering and crying.

[9] Ms. Iqbal suffered serious injuries, including fractures to her left arm, right hand, and skull. She also had soft tissue injuries.

Post-Conviction Offending

[10] I convicted Mr. Islam on June 27, 2024.

[11] On July 15, 2024, Ms. Iqbal received a letter from Mr. Islam. She received a second letter from him on July 22, 2024. A third letter Mr. Islam sent to Ms. Iqbal was intercepted by the jail and seized on July 22, 2024.

[12] Mr. Islam was bound by two court orders that prohibited him from communicating with Ms. Iqbal. The first was issued by Justice R. Kelley on January 21, 2022, in the Warrant Remanding a Prisoner. The second was a Family Court Order dated April 20, 2022.

[13] As a result, Mr. Islam was charged with numerous counts of breaching court orders. At the sentencing hearing before me, Crown and defence counsel submitted that I should take the breaches into account as an aggravating factor. The synopsis relating to these offences was tendered and the facts were admitted by Mr. Islam.

[14] The letters were largely the same. I will not recount them in detail, but in general, Mr. Islam asks Ms. Iqbal to forgive him and take him back. He makes excuses for his actions, saying that he was “reckless” and that he hit her “without thinking.” He professes to “feel bad” for his actions and says that he has learned to control his emotions and he does not feel angry anymore. He begs her to give him one more chance, pleading for another opportunity to be a good father and husband. He says that “life is meaningless” without her. He also says that he never thought that “life can be like this only for 1 mistake” and that he believed that the “judge would forgive” him because of his children.

Impact on the Victims

[15] Ms. Iqbal and her son, Farhaan Khan, both provided moving victim impact statements that eloquently set out the lasting trauma caused by Mr. Islam’s attack.

[16] Mr. Khan wrote that the attempted murder took place on what was supposed to be his first day of high school. He described seeing a “horrifying sight”; his mother, the person whom he loved the most in life, lying motionless on the ground being “brutally bludgeoned” by Mr. Islam. Mr. Khan explained that seeing Mr. Islam beat his mother to “within an inch of her life” has “flipped some sort of switch” in him, which leaves him constantly worried about his mother dying. He noted how overwhelming it is, and his fears of what might happen if Mr. Islam were to ever get his “hands on her” again. As he explained, Mr. Islam has left him with “deep emotional scars” that he will carry for the rest of his life.

[17] Ms. Iqbal wrote that she continues to endure the repercussions of the attempted murder every day—physically, emotionally, and financially. She described the “excruciating pain” she suffered with each strike of the heavy metal rebar and her fears for who would care for her children if she died. She underwent multiple surgeries and was discharged with casts on both her arms. Although she was advised to not use her hands and rest, it was impossible as she had to care for two young children with special needs. She had to feed her children, change their diapers, and dress them. Her ulnar bone did not heal properly, and she had to have further surgery to correct the bone and readjust the metal plates. To date, she still has debilitating pain on her left forearm.

[18] Ms. Iqbal also continues to have neurological issues from the attack. She finds it difficult to find the words to complete a sentence and stammers. She still suffers from light-headedness and has positional vertigo. Her doctors do not know if she will ever fully recover.

[19] The attack has destroyed her trust in other people. She feels that she will never have a normal conjugal relationship. Despite attending counselling, she is plagued by fears that Mr. Islam will find her and her children and kill them. She finds it difficult to sleep and spends restless nights thinking of how she can protect herself and her children from Mr. Islam. The letters he sent her from prison in contravention of several court orders have exacerbated her fear.

[20] The attack has had a direct impact on her earning potential both now, and in the future. She had to quit her Practical Nursing Program, yet still has student debt, which is a cause of financial stress. She struggles to make ends meet and must rely on the financial support of her father in Bangladesh to put food on the table.

[21] As Ms. Iqbal poignantly wrote at the end of her statement, her life will never be the same. She fears that she will never have a healthy, normal life. As she explained, she will “have to carry the pain, vertigo, distrust, loneliness, isolation, and mental trauma for the rest of [her] life.”

Circumstances of Mr. Islam

[22] Mr. Islam is 40 years old. He is a first offender.

[23] He was born and raised in Bangladesh and still has family there. He attended university in Bangladesh and obtained a master's degree in economics. He then worked at a bank for eight years before immigrating to Canada in December 2018. He was sponsored to come to Canada by the victim, whom he met online in 2017, and married in 2018.

[24] Mr. Islam never obtained his Canadian citizenship. It seems certain that he will be deported after serving his sentence.

[25] Mr. Islam and the victim have two children together. A son born on January 30, 2019, and a daughter born December 17, 2019. Both children have special needs. He expressed at his trial and sentencing hearing that he loves his children.

[26] While Mr. Islam has not worked in Canada, he started taking some online courses in September 2020 with Centennial College. I understand that he was enrolled in the English for Academic Purposes Program.

[27] Mr. Islam has been in custody since his arrest on July 5, 2021. He has been productive while in custody. Since October 2021, he has actively participated in the Corrections Literacy Initiative program offered by Centennial College. He completed courses in math and English communications. A letter from the Program Coordinator advised that Mr. Islam has been an “ardent student” who takes “great responsibility for his learning.” He was described as “very self-motivated, responsible and detail-oriented with his education.” The author of the letter noted that Mr. Islam “cooperates consistently” and that he is “courteous” and conducts himself with “maturity.”

[28] Mr. Islam has also successfully completed numerous certificate programs while in custody. In the fall of 2021, he participated in the following programs: “Stress Management Workshop”, “Communication Skills Workshop”, “Anger Management Workshop”, “Goal Setting Workshop”, “Cognitive Skills Workshop”, “Substance Abuse Workshop”, “Anti-Criminal Thinking Workshop”, “Healthy Relationship Workshop”, “Self-Esteem Workshop”, “Effective Parenting Workshop”, “Money Management Workshop”, and “Life Skills Workshop.”

[29] In 2022, he received Certificates of Completion for the following: “Life Skills, Educational Session Booklet, Thought to Action”, “Life Skills, Educational Session Booklet, Supportive Relationships”, “Life Skills, Educational Session Booklet, Anger Management”, “Life Skills, Educational Session Booklet, Goal Setting”, “Life Skills, Educational Session Booklet, Use of Leisure Time”, “Life Skills, Educational Session Booklet, Changing Habits”, “Life Skills, Educational Session Booklet, Understanding Feelings”, “Life Skills Educational Session Booklet, Managing Stress”, and “Life Skills, Educational Session Booklet, Substance Use.”

[30] In 2023, he received Certificates of Completion for the following: “Life Skills, Educational Session Booklet, Looking for Work”, “Life Skills, Educational Session Booklet, Recognizing Healthy Relationships” and “Life Skills, Educational Session Booklet, Planning for Discharge.” In 2024, he also received a Certificate of Completion for “Educational Session Booklet, Being an Effective Father.”

[31] At the end of his sentencing hearing, Mr. Islam took the opportunity to address the court. He said that he was “extremely sorry” and that he did not know why he was so angry. He also said that he loves his children and the victim.

Sentencing Principles and Objectives

[32] As noted in R. v. Lacasse, 2015 SCC 64, para 58, the “determination of a just and appropriate sentence is a highly individualized exercise that goes beyond a purely mathematical calculation. It involves a variety of factors that are difficult to define with precision.”

[33] Section 718 of the Criminal Code, RSC 1985, c C-46 provides that the “fundamental purpose of sentencing is to protect society and to contribute ... to respect for the law and the maintenance of a just, peaceful and safe society...”. This is to be accomplished through the imposition of just sanctions that have one or more of several objectives enumerated in ss. 718 (a) to (f), including denunciation, general and specific deterrence, and rehabilitation.

[34] Section 718.1 sets out the fundamental principle of sentencing, which is that any sentence imposed “must be proportionate to the gravity of the offence and the degree of responsibility of the offender.”

[35] The Criminal Code lists several other principles to guide sentencing judges. The parity principle is set out in s. 718.2(b) and provides that “a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances.” Given the highly individualized sentencing process, however, the sentencing principle of parity remains secondary to proportionality: R. v. Parranto, 2021 SCC 46, para 38. Sentences imposed for offences of the same type will not always be identical: R. v. Mann, 2010 ONCA 342, para 17; Lacasse, at paras. 53-58.

[36] The totality principle is addressed in s. 718.2(c) of the Criminal Code. It provides that where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh.

[37] The restraint principle is reflected in s. 718.2(d) and provides that an offender should not be deprived of liberty if less restrictive sanctions may be appropriate in the circumstances. Subsection 718.2(e) highlights the particular importance of restraint. It requires that “all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders…”

[38] Since sentencing is highly individualized, the determination of a just and appropriate sentence requires the court to assess the aggravating and mitigating factors related to both the offence and the offender. Such an assessment is also mandated by s. 718.2(a) of the Criminal Code, which states that a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender. I turn now to the aggravating and mitigating factors in the present case.

Aggravating and Mitigating Factors

Aggravating Factors

[39] The offences took place in the domestic context, which is recognized as a statutorily aggravating factor pursuant to s. 718.2(a)(ii) of the Criminal Code.

[40] The offending was not isolated. In addition to trying to kill his wife, Mr. Islam had earlier assaulted her and threatened to kill her. He also threatened to kill the children.

[41] Mr. Islam attacked and tried to murder his wife in front of his two young children, who were strapped in children’s car seats. Ms. Iqbal’s then 14-year-old son was just inside the home, and also witnessed the brutal attack. His letter clearly articulates the trauma he suffered from seeing his mother bludgeoned by Mr. Islam.

[42] The attack was horrific and sustained. Mr. Islam struck his wife again and again on the head and arms with a heavy metal bar. He continued his attack even after she fell to the ground and lay curled up in the fetal position.

[43] Mr. Islam only stopped beating his wife when her son rushed out, grabbed him, and wrestled him to the ground.

[44] Ms. Iqbal suffered horrendous injuries with long-lasting physical consequences. She continues to suffer from pain and neurological issues.

[45] The attack interfered with her educational path and career opportunities. Mr. Islam has directly caused her and her children financial harm.

[46] The attack also caused Ms. Iqbal substantial psychological issues. She has great fear of Mr. Islam and requires ongoing therapy to help her deal with the emotional trauma he caused.

[47] Despite two court orders prohibiting him from contacting Ms. Iqbal, Mr. Islam sent her two letters and tried to send her a third. The letters demonstrate that Mr. Islam has a stunning lack of insight into his criminal actions and the profound harm he caused. Moreover, his letters have understandably increased Ms. Iqbal and her son’s stress, worry and fear of Mr. Islam.

Mitigating Factors

[48] Mr. Islam is a first offender. He obtained a high level of education and appears to have a good employment history before coming to Canada.

[49] He has done well in custody. He has upgraded his education and successfully completed numerous certificate programs.

[50] Mr. Islam will face the collateral consequences of deportation once he has served his sentence. He also professes to love his two children and, because of his actions, will face the collateral consequence of having no relationship with them.

[51] Defence counsel asks me to also consider it mitigating that Mr. Islam suffered significant injury by stabbing himself. I am unable to find that his self-inflicted injury is mitigating. Indeed, my initial inclination was to find his act of self-harm as aggravating. The 9-1-1 call played at trial from when Mr. Islam attempted to get into the car with his family after stabbing himself leaves no doubt that his act of self-injury added to the horror his wife and the children endured in the incident. However, after reflection, I have determined that this factor is essentially neutral in my analysis.

[52] I turn now to my analysis as to what constitutes a fit and proportionate sentence in this case.

Analysis

[53] I start out by noting that the moral blameworthiness for attempted murder is the same as murder: R. v. McArthur, para 47. The fact that Ms. Iqbal did not die was fortuitous—it was not due to any of Mr. Islam’s actions. He fully intended to kill his wife.

[54] Denunciation and deterrence are the paramount sentencing objectives for any attempted murder. The usual sentence for such an offence is severe: R. v. Logan, para 20.

[55] As explained in R. v. Cunningham, 2023 ONCA 36, para 26, the objectives of denunciation and deterrence gain added significance when the attempted murder takes place in the domestic context. A victim of intimate partner violence is particularly vulnerable in relation to the offender. As Feldman J.A. wrote in R. v. Kormendy, 2019 ONCA 676, para 28, “while every attempted murder is a most serious crime, attempted murders in the domestic context are particularly heinous.” Any sentence imposed must reflect the monstrous nature of such severe intimate partner violence.

[56] In fashioning an appropriate sentence, I keep in mind that Mr. Islam is a first offender and the significance of the principle of restraint. I also consider that he has done well in custody and has completed many programs. Furthermore, I recognize that he will face collateral consequences when his sentence is finished. He will be deported from Canada and will never have a relationship with his two children, whom he professes to love.

[57] I also keep in mind the numerous aggravating factors in this case. Mr. Islam had already assaulted and threatened to kill his wife before he tried to kill her. He beat her with a heavy metal bar, striking her over and over again. She suffered substantial injuries that continue to impact her quality of life. She still suffers pain and neurological issues. The trauma of the attack has caused her significant psychological issues. He attacked her in front of their two young children, and only stopped when tackled by Ms. Iqbal’s 14-year-old son—who also suffers psychological issues from witnessing the attempted murder of his mother.

[58] Moreover, the letters he sent to Ms. Iqbal from custody, in breach of two court orders, have intensified the fears that she and Mr. Khan have of Mr. Islam. The letters he sent highlight the remarkable absence of insight Mr. Islam has into the terrible harm he caused.

[59] Having regard to Mr. Islam’s moral blameworthiness, the gravity of the offence, and considering the aggravating and mitigating factors, I have determined that a global sentence of 17 years, before taking into consideration any pre-sentence custody, is warranted. This sentence is required to give proper voice to the overriding sentencing objectives of denunciation and deterrence. But for the mitigating factors mentioned above and the principle of restraint, in my view, a higher sentence may well have been appropriate.

[60] The sentence should be structured as follows:

• Count 1: 10 days, concurrent to count 5.
• Count 2: 30 days, concurrent to count 5.
• Count 5: the sentence before taking into consideration any pre-sentence custody is 17 years. Mr. Islam has been in custody for 1292 days. This should be calculated at the enhanced rate of 1.5:1 for the equivalent of 1938 days (5 years and 113 days). That should be noted. Taking into consideration his pre-sentence custody, Mr. Islam is sentenced to a further 12 years and 252 days.

[61] I turn now to the ancillary orders requested by the Crown.

Ancillary Orders

DNA Order

[62] Attempted murder is a primary designated offence. As a result, pursuant to s. 487.051(1) of the Criminal Code, I make an order authorizing the taking of samples from Mr. Islam for the purpose of DNA testing.

Weapons Prohibition Order

[63] A weapons prohibition pursuant to s. 109 of the Criminal Code also applies. Pursuant to s. 109(2)(a) of the Criminal Code, Mr. Islam is prohibited from possessing any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition, and explosive substance for a period of ten years.

[64] Pursuant to s. 109(2)(b), he is further prohibited from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device, and prohibited ammunition for life.

Non-Communication Order

[65] Pursuant to s. 743.21 of the Criminal Code, during his time in custody, Mr. Islam is prohibited from communicating, directly or indirectly, with the following: 1) Farzana Iqbal, 2) Farhaan Khan, 3) K. M. Sadidul Islam, and 4) Nabeeha Khan.

Victim Surcharge

[66] Finally, given that Mr. Islam will be serving a lengthy penitentiary sentence, defence counsel asks me to waive the victim surcharge. I am persuaded by the defence submission and am prepared to waive the victim surcharge as posing an undue hardship.

Justice Heather McArthur
Released: January 16, 2025

[1] I also found Mr. Islam guilty of assault with a weapon (count 3) and aggravated assault (count 4). However, pursuant to R. v. Kienapple, [1975] 1 S.C.R. 729, those counts are conditionally stayed.