Vahan Tutunjian

The accused pleaded guilty to dangerous operation of a motor vehicle under s. 320.13(1) of the Criminal Code after a police pursuit involving multiple red-light violations, roadway departures, and collisions with police vehicles.

The sentencing issue was whether denunciation and deterrence required a conditional sentence, or whether a conditional discharge remained fit in light of individualized circumstances.

The court weighed significant aggravating features of the driving against mitigating factors including early guilty plea, remorse, absence of record, rehabilitation efforts, and social-context evidence including anti-Black racism impacts.

The court also considered collateral consequences relating to employability and immigration inadmissibility risk, applying parity and proportionality principles.

A conditional discharge with probation and a driving prohibition was imposed.

P.R. was found guilty of three counts of sexual assault, three counts of sexual interference, and two counts of invitation to sexual touching involving his daughter and two nieces, aged five to sixteen.

The court considered aggravating factors including the relationship of trust, the victims' young ages, repetition and duration of abuse, vulnerability, and significant psychological impact.

Mitigating factors included no prior criminal record, pro-social history, and community support, though tempered by lack of remorse.

Applying the principles from R. v. Friesen, the court emphasized denunciation and deterrence for child sexual offences, rejecting the notion that non-penetrative acts are less harmful.

The defence sought a conditional sentence or a six-year global sentence, while the Crown sought 12.5 years.

The court imposed a global sentence of 10 years incarceration, with specific concurrent and consecutive terms for the counts, and various ancillary orders including DNA, weapons prohibition, and a SOIRA order for life.