Court File and Parties

Court File No.: CR-19-10000630-0000 Date: 2025-10-24 Ontario Superior Court of Justice

Between: His Majesty the King and Gregory Eze

Counsel: Rachel Verboom, for the Crown Bobby Vakili, for the Defendant

Heard: October 24, 2025

Before: M. Forestell J.

Reasons for Sentence

[1] Gregory Eze was charged with one count of assault and one count of aggravated assault. Both charges arose out of the same incident that occurred on January 4, 2018. He entered a guilty plea before me on December 16, 2021, to a charge of assault causing bodily harm.

[2] The facts underlying the offence are that Mr. Eze and the victim were on the subway when the victim observed Mr. Eze apparently wanting to fight another subway passenger. The victim asked him to 'cool it'. Mr. Eze stood behind the victim who wore a rainbow symbol on his backpack, spat on him and used a derogatory term directed at the victim's sexual orientation. The two men disembarked at the station. The victim tried to alert TTC staff to the incident and followed Mr. Eze onto the street. The victim intended to hail a police officer. When they were on the street, Mr. Eze tried to evade the victim and then grabbed the victim, punched him multiple times and stomped on his face when the victim fell to the ground. The victim suffered a concussion, facial fractures and a wound to his head. The victim continues to suffer from anxiety and depression after this traumatic event. His life has been profoundly impacted by the offence.

[3] Mr. Eze is 46 years old. He is single with no children. He has a longstanding history of mental illness. He has been diagnosed with bipolar affective disorder. Schizophrenia has not been ruled out as a diagnosis. He also has a history of substance abuse. Mr. Eze has family support from his mother and sister. He suffered abuse in the past at the hands of his father. Since his incarceration, Mr. Eze has received treatment for his psychiatric illness.

[4] Mr. Eze has a criminal record. He has convictions for aggravated assault and dangerous driving in 2003 for which he received a sentence of 90 days in addition to 21 months of presentence custody. He was convicted of assault twice in 2005 and received sentences of six days and 13 days. He was convicted of criminal harassment in 2005 and received a sentence of two months in addition to 109 days of presentence custody. He was convicted of aggravated assault in 2007 and received a sentence of four months in addition to eight months' presentence custody. He was convicted of sexual assault in 2011 and sentenced to 30 days' imprisonment. In addition, from 2003 to 2018 he was convicted of charges of failing to comply with court orders.

[5] Mr. Eze has been in custody for a very long time. He has been incarcerated on the charge before the court for a total of 2,615 days. Credited at 1.5 to 1 this is a total of 3,922 days or 10 years and 9 months.

[6] Mr. Eze was in custody throughout the COVID-19 pandemic. While in custody, he experienced many periods of lockdown during which he was confined to a cell with limited access to showers, phone calls or programming. Some lockdown periods went on for three to four days. He has been triple bunked in a cell meant for two inmates. Records were provided by three out of the four custodial institutions in which Mr. Eze was detained. In those records, there were 82 documented days on which he was triple bunked. Mr. Eze testified that he has most recently been held at the Central North Correctional Center ("CNCC"). CNCC did not provide records. Mr. Eze testified that at CNCC he has been frequently triple bunked and locked down. He has had to sleep on the floor many times. Mr. Eze described the conditions throughout his incarceration as violent and stressful.

Sentencing Submissions

[7] Counsel for the Crown takes the position that the appropriate sentence for this offence is four years. The Crown takes the position that while the conditions experienced by Mr. Eze in presentence custody were harsh, the mitigation for presentence custody should be limited.

[8] The Crown relies on R. v. Tourville, 2011 ONSC 1677. In Tourville, Justice Code identified a 'high end of the range' of sentence as four to six years' imprisonment for aggravated assault cases involving extreme violence. The Crown submits that the circumstances of this case would place it in that range.

[9] The Crown also points to R. v. Taylor, 2017 ONSC 7822, where Justice Fuerst sentenced the offender to four years' imprisonment for an aggravated assault involving a violent physical attack on a cellmate.

[10] Counsel for Mr. Eze submitted that four years would have been appropriate if not for the harsh conditions of presentence custody. He submits that the otherwise appropriate sentence should be reduced by at least six to nine months to reflect the mitigation for harsh conditions.

Aggravating and Mitigating Factors

[11] The aggravating factors in this case are the brutal nature of the attack, the fact that the offence was motivated by hate based on sexual orientation, the profound impact on the victim, the fact that the offence occurred on the TTC, and the fact that Mr. Eze has a criminal record.

[12] Mitigating factors are that Mr. Eze pleaded guilty and took responsibility for his conduct, he continues to have family support, he has a mental illness for which he accepts treatment and he has endured extremely harsh conditions in presentence custody.

Sentencing Decision

[13] The offence in this case is a very serious, violent offence. The objectives of sentencing are denunciation and deterrence.

[14] I accept the submission of both parties that, absent the mitigation of the harsh conditions of presentence custody, the appropriate sentence would have been four years' imprisonment.

[15] I have carefully considered the conditions of presentence custody. Mr. Eze was candid and fair in his description of the conditions. I find that Mr. Eze experienced serious hardship as a result of the lockdowns and the triple bunking.

[16] I have concluded that the nature and extent of the hardship merits a reduction from the otherwise appropriate sentence. I therefore sentence Mr. Eze to three years and six months' imprisonment. He has served more than three years and six months in presentence custody. I therefore impose a sentence of one day in addition to presentence custody of three years and six months.

[17] I also order a weapons prohibition for life and a DNA order. In light of Mr. Eze's circumstances, the Victim Fine Surcharge is waived.

M. Forestell J.

Released: October 24, 2025