R. v. Lara-Orellana, 2026 ONSC 3221

CITATION: R. v. Lara-Orellana, 2026 ONSC 3221

COURT FILE NO.: CR-26-10000059-0000

DATE: 20260604

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

and -

Daniel Andres Lara-Orellana

Counsel:

David Parry and Bronte Willitts, for the Crown

Sandra Kimberg, for Daniel Andres Lara-Orellana

HEARD: April 21 and May 20, 2026

KELLY J.

1Mr. Daniel Andres Lara-Orellana pleaded guilty and was convicted of second-degree murder. Mr. Lara-Orellana shot and killed Mr. Munawar Warsama on April 14, 2023.¹ Mr. Lara-Orellana now appears before me for sentencing.

2The imposition of a life sentence without eligibility for parole until Mr. Lara-Orellana has served at least 10 years of his sentence is mandatory following a conviction for second-degree murder. However, the sentencing judge may increase the period of parole ineligibility from 10 years up to a maximum of 25 years.

3Crown counsel seeks a period of parole ineligibility of 13 to 14 years. Counsel for Mr. Lara-Orellana submits that the appropriate period of parole ineligibility is 11 years. Counsel agree on the ancillary orders to be imposed.

4I find that the appropriate period of parole ineligibility is 12 years for the offence of second-degree murder in these circumstances. Ancillary orders for DNA, weapons prohibition, and non-communication with certain persons are granted.

5What follows are my reasons.

The Law: Parole Ineligibility

6Pursuant to ss. 235(1) and 745(c) of the Criminal Code of Canada, R.S.C. 1985, c. C-46, the sentence to be imposed on a person convicted of second-degree murder is a term of imprisonment for life without eligibility for parole until the person has served at least 10 years of their sentence. However, s. 745.4 of the Criminal Code provides that the sentencing judge may increase the period of ineligibility from 10 years up to a maximum of 25 years, having regard to:

a. the nature of the offence and circumstances surrounding the commission of the offence; b. the character of the offender; and c. the recommendation, if any, of the jury.

7On exercising this discretion, Iacobucci J. stated as follows in R. v. Shropshire, at paras. 29:

In permitting a sliding scale of parole ineligibility, Parliament intended to recognize that, within the category of second-degree murder, there will be a broad range of seriousness reflecting varying degrees of moral culpability. As a result, the period of parole ineligibility for second degree murder will run anywhere between a minimum of 10 years and a maximum of 25, the latter being equal to that prescribed for first degree murder.²

8In addition to the statutory considerations regarding parole, I must also consider the purposes of sentencing set out in s. 718 and the principles contained in ss. 718.1 and 718.2 of the Criminal Code. The principles of denunciation and deterrence are the primary purposes to be considered. The statutory 10-year minimum period of parole ineligibility for second-degree murder limits the weight that can be attached to rehabilitation, although it cannot be excluded from consideration.³

9Regardless of the period of parole ineligibility imposed, the sentence remains one of life imprisonment. The sentencing judge does not decide when the offender should be paroled but decides the period that he or she must serve before parole can even be considered. It must be remembered that a person sentenced for murder might never be paroled.⁴

The Nature and Circumstances of the Offence

The Facts

10In considering whether to increase the period of parole ineligibility, I am required to consider the nature of the offence and the circumstances surrounding it. The facts giving rise to the conviction were set out, in an Agreed Statement of Facts, which may be summarized as follows:

a. On April 14, 2023, at approximately 10:17 p.m., Mr. Lara-Orellana arrived in the Bloor Street West and Ossington Avenue area, in the City of Toronto. b. Mr. Lara-Orellana arrived along with Mr. Duan Julien, Mr. Deniell McKenzie Clark and Mr. Matthew Phillips-Downey. Collectively, the four are referred to hereafter as "the group". They arrived in a Honda Civic which was parked at the north-east corner of Concord Avenue and Bloor Street. c. All members of the group are known to each other and know the victim, Mr. Warsama. d. At approximately the same time, Mr. Warsama was in the area heading east on Bloor Street on his e-scooter. Upon seeing the group, he stopped and motioned for them to cross Bloor Street and meet him at the south-west corner of Bloor Street and Concord Avenue. The group did so. An argument ensued between Messrs. Julien and Warsama. Mr. Lara-Orellana was aware of this argument but did not participate in it. e. The group left the south side of Bloor Street for the Café Dispensary on the north side of the street. Mr. Warsama took the same route and the heated discussion continued. Mr. Warsama waited outside while the group entered the Café Dispensary. When the group left the dispensary, Mr. Warsama followed, riding his e-scooter next to the group towards the Honda Civic. The argument between Mr. Julien and Mr. Warsama continued. Mr. Lara-Orellana observed but was not a part of those arguments. f. All parties then proceeded south on Concord Avenue and crossed Bloor Street, towards an alleyway that runs parallel and south to Bloor Street behind the Long and McQuade music store. g. Just before entering the alleyway, Mr. Warsama passed off his e-scooter to his girlfriend, Ms. Ashaya Vormittag, who was waiting by the east entrance of the alleyway. h. Messrs. Warsama and Julien began to engage in a consensual fight. Mr. Lara-Orellana was not involved in the fight; however, he followed closely to Mr. Julien's right as the fight headed westward through the alleyway. Mr. Warsama was moving backwards, while the others were moving forward. i. The altercation continued through to the west end of the alleyway where it approaches Delaware Avenue. Mr. Warsama exited the alley and picked up a solar powered garden light from a nearby front yard on Delaware Avenue. It was attached to a stake that drives into the ground. He returned to the alleyway. j. Mr. Warsama moved suddenly towards Mr. Lara-Orellana with the garden light in his hand. The light portion fell off, leaving the stake. The stake was black in colour, and it was nighttime. k. Mr. Lara-Orellana produced a handgun and fired a first shot while Mr. Warsama was upright after which Mr. Warsama fell to the ground and began screaming. Mr. Lara-Orellana then approached Mr. Warsama and fired the remaining shots at him while he was lying on the ground. l. Mr. Lara-Orellana admits that he had the intent to commit the second-degree murder of Mr. Warsama when he discharged these shots. m. Ms. Mariama Cissé, a visitor to Toronto, was living in an adjacent apartment overlooking the alleyway. She filmed Mr. Lara-Orellana's first two gunshots, using her cell phone. That cell phone video was included as an agreed fact. n. Mr. Lara-Orellana was the last to leave the alleyway and was seen running north on Concord Avenue north of Bloor Street. o. Mr. Warsama was shot seven times, suffering gunshot wounds to the head, chest, left shoulder, left wrist, and left hand. A total of eight 9mm shell casings were found at the scene, in the proximity of Mr. Warsama's body. p. Life-saving measures were attempted by emergency responders but were unsuccessful. Mr. Warsama was pronounced dead at the scene at 11:04 p.m. An autopsy confirmed that the cause of death was multiple gunshot wounds.

Victim Impact Statements

11In considering the nature of the offence and the circumstances surrounding it, I must consider the impact on the victims and their community, particularly the family. In this case, Victim Impact Statements were filed. The impact on Mr. Warsama's community may be summarized as follows:

Sadiya Wayrah is Mr. Warsama's mother. She came to Canada with her two sons. The struggles were immense, but it made their bond "unbreakable". Mr. Warsama was a "steady, reliable, presence" in their home. When his father joined them, Mr. Warsama was attentive, keeping a watchful eye over him as he aged. The shock and grief of losing his son have caused much grief and his father's health has declined. At the time of his death, Mr. Warsama "had a stable job, a girlfriend he intended to marry, and he was focusing deeply on his spirituality". Since his death, she has been living a sorrow that she cannot put into words. A miracle was taken from her the day her son died.

Saleh Warsama is Mr. Warsama's father. He was forced to separate from his family, so he missed his son's childhood. When they were reunited, he was able to observe the man his son had become – hardworking, caring, and moving forward in his life. As he describes, the son that he could not raise was now making sure he was taken care of as his health declined. He was proud of his son, and he still is proud. After all the years they were apart, his son was there for him and now he is gone. Their home is not the same.

Munir Warsama is a brother. He is thirteen years older and was a role model for his brother. He watched Mr. Warsama become "his own man" who was "independent, ambitious, and deeply curious". He feels like he has failed because he wonders if he should have seen the "danger" in his brother's circle of friends. He saw his brother in his worst state – when preparing him for his funeral. He observed the trauma. It has changed who he is as a person. He states"whoever did this didn't just kill Munawar – they destroyed the future" he and Mr. Warsama were supposed to share together. Rather than enjoy his brother's company, he has the memory of washing and burying his brother.

Ashaya Vormittag was Mr. Warsama's girlfriend. She provided a statement on behalf of herself and her mother. They describe Mr. Warsama's death as "life-shattering". It is a loss "that cannot truly be understood by those who have not lived it". This murder has permanently fractured those left behind. They miss him and carry his loss every day.

Zeinab Werah is Mr. Warsama's aunt. She describes that her life and that of her family is not the same since Mr. Warsama's death. She had to inform the family of his passing. This was not easy for her, and she still suffers from nightmares.

Firas Werah, a cousin, advises that the death of Mr. Warsama has left a profound and lasting impact on the family. They struggle to cope with his loss. Family gatherings are not the same"overshadowed by the absence of someone who was so deeply loved and cherished". The family carries their grief daily.

Hashi Hashi is a family member who helped raise Mr. Warsama "like a brother". He describes that Mr. Warsama "brightened the room with his presence". When he had children, Mr. Warsama became a big brother to them. He was endearing. He was interested in pursuing a landscaping business. He had "drive and ambition". The pain of his loss "compounds over time and becomes almost unbearable to confront". His children struggle with Mr. Warsama's death. It has been "earth shattering" to lose somebody "so suddenly, tragically and violently".

Malik Hashi is a cousin and friend. He describes that Mr. Lara-Orellana was "always there when I felt alone". He thinks of his cousin every day and misses him a lot.

Mazin Werah is a family member who describes Mr. Warsama as "patient and understanding". He was encouraging and had dreams. The fact that they will not see each other grow "hurts a lot". He is haunted by Mr. Warsama's death.

Mohammed Yousuf Werah is a family member who describes Mr. Warsama as "full of life, hope, and promise". His laughter was "contagious". His "dreams were just beginning to take shape, and his presence brought warmth and light into all of our lives. He was deeply loved, and his absence is felt in every moment". The constant grief over Mr. Warsama's death has not eased with time. A "sorrow" follows him each day and "lingers even in the quietest moments". He says"The world no longer feels as safe as it once did. Where there was once peace, there is now fear. Where there was once joy, there is now emptiness. This tragedy has not only taken his life – it has changed ours forever."

Samia Hashi is a family member who describes Mr. Warsama's loss as having shaken their family. She describes him as "energetic, sweet, charismatic and genuinely kind". He had a bright future that ended tragically. There are no words that can describe their loss.

Yousif Hashi is a cousin. He describes that the family has been shattered by his cousin's death. The trauma has "left a permanent shadow" over their lives. Mr. Warsama was more than a cousin; he was a role model. Every family gathering is now marked by "an empty chair". Hearts have been broken. They are not only mourning a life lost but a future that was stolen from the family.

Yousuf Werah is a cousin who was treated like a brother. He was in Saudi Arabia when advised that his cousin was dead. He said he "froze" and became "lightheaded". He hoped that the news was wrong. He says that he "never felt more terrible" in his life.

12These are the circumstances of the offence which I have taken into consideration regarding the appropriate period of parole ineligibility.

The Character of Mr. Lara-Orellana

13The next statutory consideration is the character of the offender.

Personal Background

14Mr. Lara-Orellana's background was provided in the submissions of counsel and letters filed on his behalf. That information may be summarized as follows:

a. Mr. Lara-Orellana's family came from Columbia. His mother worked in a hotel and his father worked in construction. b. He has two siblings: Kevin, who is 27 and Matteo, a half-brother, who is approximately 10 years younger. c. His parents separated when he was four years of age. This was difficult for him although he maintains a relationship with both. He has also enjoyed a good relationship with his grandparents and other family members. d. Mr. Lara-Orellana grew up in the Oakwood area of Toronto. He lived with his mother until 2019 when she moved to Miami with her new husband – Mr. Lara-Orellana's stepfather. Eventually, he lived with his aunt and was living there at the time of his arrest. e. Mr. Lara-Orellana attended Central Tech where a friend was shot and killed. A second friend was also shot and killed. Those deaths left their marks, causing Mr. Lara-Orellana to fear for his safety in the City of Toronto. f. Mr. Lara-Orellana began working at age 15. He completed his high school education and continued to work in various jobs, including at Metro (a grocery store); GFL (waste management) and in restaurants (his passion). He intends to pursue cooking in the future. g. Mr. Lara-Orellana was 25 years of age at the time he committed this offence. He is 28 years of age now. h. He does not have a criminal record and has never been charged criminally.

Community Support

15Several letters were filed in support of Mr. Lara-Orellana. They may be summarized as follows:

Zully Orellana is Mr. Lara-Orellana's mother. She describes that the family has always relied on the support and strength of her son. She does not excuse her son's actions but believes that this mistake will not define who he is as a person. She has seen him reflect on his actions maturely. He is committed to change. He will learn from this incident and become a stronger person.

Adolfo Andres Lara Tones is Mr. Lara-Orellana's father. He describes his son as a positive role model for his brothers. In that role, he shows compassion, responsibility and the importance of family. He has ambition to provide a positive future for himself. He will grow from this experience with his father's support. This incident does not "define the caring, hardworking, and loving person" that he knows his son to be.

Juan Osorio is Mr. Lara-Orellana's stepfather. He describes Mr. Lara-Orellana as someone who is "hardworking, respectful, and [a] dependable person who has always tried to do right by his family and those around him", even when things have not been easy. He describes Mr. Lara-Orellana as having a strong work ethic and a willingness to help others. He says that Mr. Lara-Orellana is aware of the impact of his actions and believes that Mr. Lara-Orellana has the potential to move forward and make better choices.

Kevin Lara is Mr. Lara-Orellana's brother. He describes that his brother "has always demonstrated unwavering love, care, and respect" for his family"contributing to the strength and cohesion" of it. Mr. Lara-Orellana has supported and protected his brother, which has been consistent. The family misses Mr. Lara-Orellana's presence in their lives.

Jeannethe Lara is Mr. Lara-Orellana's aunt. She describes her nephew as "goal oriented, responsible, hardworking and resilient". He is a hard worker who is dependable. He is respectful and listens to others. She says that he is sorry for his actions and asks for forgiveness.

Sonia del Pilar Lara Torres is Mr. Lara-Orellana's aunt. She describes that Mr. Lara-Orellana has capacity for growth and has been transformed during this process. He is "focused, kind, warm-hearted and family oriented". He has been "engaged in deep, honest reflection about the value of life and the meaning of freedom".

Veronica Orellana is a cousin. She has relied on Mr. Lara-Orellana's advice for years. She believes that Mr. Lara-Orellana's situation does not define him. He remains positive, thinking about his future and "building something better for himself". His situation is "tough" but he "has a strong mindset". Mr. Lara-Orellana remains inspirational to her.

D. Montavez Ruz is a family friend and neighbour. She describes Mr. Lara-Orellana's participation in this offence as "unexpected for someone who was always courteous to his neighbours" and "helpful". This offence is "out of character".

Laurita Perez is a family friend. She has grown up with Mr. Lara-Orellana. She describes him as "helpful and caring". She believes that Mr. Lara-Orellana is "a good man, who made a grave mistake". He has taken accountability and responsibility for his actions. She, too, will continue to support him, no matter how difficult things will be in the future.

Hilary MacKenzie is a family friend. For years, she has admired Mr. Lara-Orellana's determination, through his commitment to education and employment. She believes that Mr. Lara-Orellana is resolved to rebuild his life in a positive manner. She will continue to support him.

Victor Barak is a family friend. Amongst other things, he wrote that he is shocked by the offence committed. He describes that "it felt very far removed from the person I had known for many years". He knows Mr. Lara-Orellana to be "respectful, caring and hardworking". He says that Mr. Lara-Orellana means a great deal to those around him.

Marvin Ramirez is a family friend. He describes that Mr. Lara-Orellana is a "young man who has a sense of responsibility even from a young age". He knows him to be hardworking. He is curious and likes to learn. He is caring and compassionate.

Nadine Simunic is a neighbour. She describes Mr. Lara-Orellana as a person who is "responsible, disciplined, polite and made friends easily". His involvement in this criminal proceeding came as a complete "shock" to her. She describes that "it was unfathomable that someone like Daniel could commit such a devastating act and cause such tremendous loss". She referred to his upbringing as having been "raised in an environment of social justice, political awareness, of generosity and understanding". Family and community support for Mr. Lara-Orellana has never waivered.

David Bowes is a former Manager at Metro who supervised Mr. Lara-Orellana for seven years. Mr. Lara-Orellana took his job seriously and was regarded as the most reliable part-time staffer. He said that Mr. Lara-Orellana was passionate about cooking and secured a second job to pursue that interest. Despite the challenges that Mr. Lara-Orellana will face in the future, Mr. Bowes is confident that he will be able to "find a meaningful and fulfilling way forward given the opportunity". Mr. Bowes is open to providing opportunities to Mr. Lara-Orellana in the future.

Conditions While Incarcerated

16Mr. William Raymond, the Manager of Social Work Services at the Toronto South Detention Centre ("TSDC") provided a letter advising that Mr. Lara-Orellana participated and completed many internal programs, including: managing stress, anger management, goal setting, recognizing healthy relationships, supportive relationships, changing habits, understanding feelings, being an effective father, substance abuse, problem solving, use of leisure time, planning for discharge, the media's perception of black men, and overcome barriers/challenges to success. Mr. Lara-Orellana also participated in home bible studies. Certificates were awarded for his successful completion of these programs.

17Mr. Lara-Orellana also participated in external programming while incarcerated at the TSDC, including the following: The Forgiveness Project; Substance Abuse Programming with PASAN; Corrections Literacy Initiative Programming with PTP; Pet Therapy Programming with Sunshine Pet Therapy; Substance Abuse Programming with The John Howard Society; North Star Programming with The Oaks Revitalization Association; Academic Programming with Amadeusz (completing college courses); and Anti-Criminal Thinking Programming with The John Howard Society.

18A letter from the Oaks Revitalization Association confirms that Mr. Lara-Orellana meaningfully participated. He attended and complied with conduct requirements and successfully completed all required program components.

19Mr. Lara-Orellana was arrested on April 27, 2023. As such, he has been incarcerated for 1,138 days (3 years, 1 month, 12 days or 37 months, 12 days).

20Records from the TSDC support the following:

a. That Mr. Lara-Orellana was in "lockdown" on 306 occasions as of April 19, 2026. b. Mr. Lara-Orellana was triple bunked on 159 occasions.

Expression of Remorse

21Mr. Lara-Orellana expressed remorse at the sentencing hearing, with some members of the family of the deceased present. He stated as follows:

I'd like to start off by saying I apologize for the way I reacted. My actions can never be undone. I can't imagine what you're going through and how it feels. I made choices I'm going to have to live with for the rest of my life. I wish I never stepped foot in that alley. I've caused harm and suffering that has no remedy. No one deserves this. I've failed my community. I've failed my peers. I've failed my family.

Recommendations of the Jury

22The third matter that a sentencing judge is required to consider in determining whether to increase the parole ineligibility period is any recommendation made by the jury. Of course, there were no recommendations made by the jury because Mr. Lara-Orellana pleaded guilty.

Analysis

23The issue for me to determine is whether the time that Mr. Lara-Orellana must wait before being considered for parole should be increased beyond the minimum period of 10 years for the offence of second-degree murder.

24In each case where the issue of parole ineligibility is considered, the offender will be a person who, without lawful justification, has not only killed someone but had the intent to kill or meant to cause harm knowing it would likely kill the victim. A conviction for murder will always be founded on inherently serious conduct deserving of the significant sanction of imprisonment for life.⁵

25 Section 754 of the Criminal Code, however, does not require unusual circumstances to justify a deviation from the minimum period of parole ineligibility. Extending the parole ineligibility period is not restricted to cases involving extreme brutality or the worst offenders. However, it is only those circumstances that can be said to be aggravating beyond the essential elements for second-degree murder that will justify an increase above the 10-year minimum parole ineligibility period for second-degree murder.⁶

26In determining an appropriate sentence for Mr. Lara-Orellana, regard must also be had to the sentencing objectives in s. 718 of the Criminal Code. Deterrence and denunciation are the most important factors to be considered in sentencing Mr. Lara-Orellana, although rehabilitation will also be considered.

27A further consideration is that all sentences must be proportionate to the gravity of the offence and the degree of responsibility of the offender as set out in s. 718.1 of the Criminal Code. The gravity of the offence, in this case, is significant.

28Sentencing judges must also consider the principle of parity: similar offenders who commit similar offences in similar circumstances should receive similar sentences, pursuant to s. 718.2(b) of the Criminal Code.⁷

29I have been referred to cases in which the courts considered the appropriateness of increasing parole ineligibility for people convicted of second-degree murder. I have considered all of them in reaching my decision and observe that no two cases are alike.⁸ However, I refer to the case of R. v. Hayles-Wilson,⁹ where Code J. addressed the range of parole ineligibility period for second degree murder involving handguns. He set out the ranges, at paras. 19 and 21-29 of his reasons. They were summarized in R. v. Jaleem Abdella-Smith at para. 36:

At the bottom end of the range are cases where a 12-year parole ineligibility period has been imposed. These involve circumstances such as an impulsive shooting by someone licensed to own his gun; less public venues for the shooting; youthful offenders; no criminal record; good prospects of rehabilitation; the offence was out of character, and/or the offender had changed and gained insight into his prior behaviour; a unanimous jury recommendation of the minimum ten year parole ineligibility period: see e.g. R. v. Maciel, 2007 ONCA 496; R. v. Paredes (2014), 2014 ONCA 910, 317 C.C.C. (3d) 415 (Ont. C.A.); R. v. Lewis, 2012 ONSC 2488.

In the middle of the range are cases where parole ineligibility periods of 14 to 16 years have been imposed. These involved circumstances such as multiple shots fired in a public place; multiple victims; elements of impulsiveness to the offence, including provoking behaviour by a victim; motiveless, impulsive and senseless shootings; shootings arising from 'a definite plan' to 'shoot someone' though not necessarily kill them (Monney); accused routinely carried a loaded handgun; offender was a 'committed gangster'; youthful offenders with minor records; youthful offenders with relatively serious prior criminal records, including firearms prohibitions; some prospects for rehabilitation: see e.g. R. v. Danvers, supra; R. v. Grant (2016), C.C.C. (3d) 514 (Ont. C.A.); R. v. Doucette (2015), 2015 ONCA 583, 328 C.C.C. (3d) 211 (Ont. C.A.); R. v. Monney, supra; R. v. John, 2011 ONSC 3313; R. v. Stewart 2008 70846 (ON SC), [2008] O.J. No. 5449 (S.C.J.).

At the top end of the range are cases where parole ineligibility periods of 18 to 22 years have been imposed. These involve circumstances such as premeditation; planning and preparation; shots in the double-digits with a semi-automatic handgun; multiple victims or serious risk to multiple victims, including innocent bystanders; lengthy criminal records for violence, including prior shootings; an offender 'firmly entrenched in the criminal lifestyle'; a gang member; no possibility of rehabilitation: see e.g. R. v. Weese, 2016 ONCA 449; R. v. Chambers, 2018 ONSC 2070; R. v. Belic (2008), 76 W.C.B. (2d) 508 (Ont. S.C.J.); R. v. Sarrazin, 2000 Carswell Ont. 5078.¹⁰ [Emphasis original]

30The Ontario Court of Appeal has made it clear, with respect to murders arising from brazen gun violence in public places: the nature of the offence and the circumstances surrounding its commission will normally require a period of parole ineligibility beyond the statutory minimum.¹¹ As the Court stated in Danvers"the use of handguns in public places cries out for lengthy increased periods of parole ineligibility" to protect our public. Gun violence must be addressed "in the strongest possible terms".¹²

31Situating an offender such as Mr. Lara-Orellana in his proper place amongst the precedents is fact-specific and an inexact science. As stated by the Supreme Court of Canada, in R. v. Lacasse"Sentencing ranges are nothing more than summaries of the minimum and maximum sentences imposed in the past, which serve in any given case as guides for the application of all the relevant principles and objectives."¹³

32In considering the period of parole ineligibility for Mr. Lara-Orellana, I find the following to be the aggravating factors:

a. Prior to the shooting, Mr. Lara-Orellana was carrying a firearm in a busy public place. He was on Bloor Street. This put members of our community at risk. b. The incident took place at 10:17 p.m. on a spring night in a busy area of town. There were bystanders in the area, including the co-accused. Mr. Warsama's girlfriend was at the east entrance to the alleyway during the shooting. Others could have accessed the alleyway. The use of a firearm in a public place undermines the safety of our public. c. In the circumstances of this offence, Mr. Warsama had no opportunity to defend himself against a firearm. Mr. Lara-Orellana entered the alleyway armed with a firearm and was prepared to use it when Mr. Warsama advanced towards him in possession of the stake, a weapon. d. This was a group attack. Four in Mr. Lara-Orellana's group surrounded Mr. Warsama at some points during the incident. e. Mr. Warsama had no opportunity to retreat and defend himself after the firearm was accessed by Mr. Lara-Orellana. After being shot once, he fell to the ground. He was screaming and yet Mr. Lara-Orellana continued to shoot. Seven shots were discharged and hit Mr. Warsama in various areas of his body, ensuring his death. f. Mr. Lara-Orellana provided no assistance to Mr. Warsama after shooting him several times. He ran away, showing a disregard for Mr. Warsama's wellbeing. g. The murder weapon was never found. h. There is a significant and traumatic impact on the family. Mr. Warsama was only 25 years of age at the time of his death. To suggest that his loss has been devastating to his community would be an understatement.

33Crown counsel submits that Mr. Lara-Orellana's actions were not provoked by Mr. Warsama. While I can conclude that the shooting was senseless, I am not able to conclude that it was unprovoked, based on the facts available in the ASF and video which may be summarized as follows:

a. Mr. Warsama played a role in the progression of violence. He instigated the interaction with Mr. Julien which started the argument. Mr. Lara-Orellana did not engage. b. The four friends (including Mr. Lara-Orellana) went to the marijuana dispensary after the argument had begun. Mr. Warsama waited outside. The four exited and went back to their car. Mr. Warsama followed, continuing the dispute. Again, Mr. Lara-Orellana did not engage. c. Messrs. Warsama and Julien went into the alley. Mr. Lara-Orellana and his two friends followed. At one point, Messrs. Lara-Orellana, MacKenzie Clark and Warsama had their arms raised if to fight. Until this point, it was just a fistfight. d. Mr. Warsama exited the alley and picked up the light with the stake, thus introducing a weapon. He brought it into the area and then turned to Mr. Lara-Orellana. The firearm does not appear to have been exposed at this time. e. By the time the firearm was exposed and raised, Mr. Warsama was advancing towards Mr. Lara-Orellana in possession of the weapon (the stake). It was at that point, and within seconds, that Mr. Lara-Orellana discharged the firearm.

34In considering the period of parole ineligibility for Mr. Lara-Orellana, I find the following to be the mitigating factors.

a. Mr. Lara-Orellana has just turned 28 years of age and was 25 years of age at the time of the offence. He is young. b. He does not have a criminal record, nor has he ever been charged criminally. c. Mr. Lara-Orellana has a supportive family. d. He has been pro-socially employed in the past, which bodes well for his rehabilitation. e. Mr. Lara-Orellana has been incarcerated and subject to the harsh conditions there. Despite the lockdowns and triple bunking, he has made wise use of his time by pursuing various certificates and educational opportunities. f. Mr. Lara-Orellana has shown remorse by his plea and by his address to the Court (with members of Mr. Warsama's family present). g. There are few cases of resolution to second degree murder. The mandatory sentence makes it unattractive. By resolving, Mr. Lara-Orellana has demonstrated maturity and insight into his conduct, which speaks well to rehabilitation. h. The plea has spared the family of the distress and trauma of having to relive the incident at trial. He accepted responsibility and will be punished for Mr. Warsama's death. i. The plea saved valuable court time when our judicial resources are strained, and cases are not being reached. Mr. Lara-Orellana's plea allowed another matter to proceed.

35Based on the facts alone, I find that Mr. Lara-Orellana falls in the lower to mid-range set out in Hayles-Wilson. This was a senseless shooting involving gun violence in a public place, involving multiple shots. However, there are other issues to consider such as the fact that this conduct is out of character for Mr. Lara-Orellano and he is a first offender.

36I have considered the conditions of Mr. Lara-Orellana's stay in pre-sentence custody and the principles set out in R. v. Lamba.¹⁴ I accept that Mr. Lara-Orellana has experienced conditions that are more difficult or punitive. Many lockdowns were the result of staff shortages, something beyond Mr. Lara-Orellana's control. I have also considered the significant number of days that Mr. Lara-Orellana was triple bunked. I am aware that conditions in the institutions have become harsher, both during and since the pandemic.¹⁵ I have considered these circumstances as mitigating.

37This is a very serious offence that has had devastating consequences for several people. A sentence of life imprisonment is mandatory for the death of Mr. Warsama but is also manifestly fit and appropriate. The nature and circumstances of the offence justify an increase in parole ineligibility. As I have stated, this was a senseless act of gun violence in a public place, with multiple shots being discharged.

38After having considered the totality of the circumstances of this case, I am satisfied that the sentencing objectives of denunciation and deterrence are met by the imposition of a life sentence with parole ineligibility above the minimum for the murder of Mr. Warsama. When I take all factors into account, including the facts, the impact, the harsh circumstances of Mr. Lara-Orellana's pre-sentence custody, his age, his lack of criminal history, etc., I find that the appropriate sentence is life imprisonment with no parole eligibility until Mr. Lara-Orellana has served 12 years in prison.

39It must not be forgotten that the sentence to be imposed in this case is life imprisonment. The 12-year period of parole ineligibility does not mean that Mr. Lara-Orellana will be released on parole after serving 12 years. It only means that this is when he first becomes eligible to apply for parole. Whether he will be released on parole will be up to the Parole Board, and that decision will be based in part on how Mr. Lara-Orellana conducts himself between now and then.

Disposition

40On the count of second-degree murder, Mr. Lara-Orellana is sentenced to life imprisonment with no parole eligibility until he has served 12 years of the sentence. This period commences April 27, 2023.

41Because Mr. Lara-Orellana has been convicted of an indictable offence involving the use of violence that is punishable by life imprisonment, a prohibition order under s. 109(1)(a) of the Criminal Code is mandatory. Pursuant to s. 109(2) of the Criminal Code, I direct that Mr. Lara-Orellana be prohibited from possessing any firearm, crossbow, prohibited or restricted weapon, ammunition, and explosive substance for life.

42Murder is a primary designated offence within the meaning of s. 487.04 of the Criminal Code and accordingly, in these circumstances, a DNA order is mandatory. There will be a DNA sample order made under s. 487.051 of the Criminal Code.

43Pursuant to s. 743.21 of the Criminal Code, I order that Mr. Lara-Orellana have no contact (direct or indirect) as proposed by counsel, including members of Mr. Warsama's community, witnesses to the offence and Mr. Lara-Orellana's co-accused.

Kelly J.

Released: June 4, 2026