R. v. D.F., 2019 ONCJ 1003

CITATION: R. v. D.F. , 2019 ONCJ 1003 DATE: July 18, 2019 Information No. 2811-998-19-21707-00 ONTARIO COURT OF JUSTICE HER MAJESTY THE QUEEN v. D.F. R E A S O N S F O R S E N T E N C E BEFORE THE HONOURABLE JUSTICE G. R. WAKEFIELD on July 18, 2019, at OSHAWA , Ontario INFORMATION CONTAINED HEREIN IS PROHIBITED FROM PUBLICATION, s. 486.4 OF THE CRIMINAL CODE OF CANADA , BY ORDER OF JUSTICE G.R. WAKEFIELD, DATED JULY 17, 2019 APPEARANCES : F. Stephens Counsel for the Crown F. Davoudi Counsel for D.F.

WAKEFIELD, J. (Orally): I am certainly less than satisfied with the circumstances of the evidence I have heard, but I think what counsel have done is put their heads together with a balancing of all of the competing interests. I’m not going to disrupt the joint submission. I will note four months of pre-sentence custody on each count concurrent to the other, for a sentence that would have been six months' custody on each count concurrent to the other. I would now suspend the passing of sentence. You are on probation for 12 months.

The terms are, you will keep the peace and be of good behaviour, appear before the court when required to do so; notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation. It's a non-reporting order, so if those other changes should occur, you have to come to the courthouse and put a notice in to the front office. You will not contact or communicate in any way, directly or indirectly, by any physical, electronic or other means with - I just want to make sure of the first name. Is it J.? MR.

STEPHENS: Yes, sir. THE COURT: J.C., except pursuant to a family court order made after today's date, or for the purpose of conducting or defending family court proceedings, in the presence of or through legal counsel, for purposes of making contact information for or having contact with - I'm not sure if the word "your" should be there, but contact with the child through a mutually agreed upon third party; and with the prior written consent of Ms. C. filed in advance by that person with the probation intake or the assigned probation officer. That can't happen here. There's no probation officer.

MR. STEPHENS: Well, perhaps a one-time reporting condition, report once, it would be my suggestion. MR. DAVOUDI: Yes. He can report today, Your Honour, and that's it, you know. THE COURT: All right. And so we will leave that in, with the prior written consent of the above-named person filed in advance by that person with the probation intake or assigned probation officer. This may be cancelled by the person in any manner, at any time. A weapons term in the probation order would be more extensive, but it's not part of the joint submission.

However, I will go back to paragraph 2 and instead of the non-reporting, you will report in person to a probation officer once only today. And we have to change the wording here on the e-form. And after that only for the purpose of filing the written revokable consent of J.C. MR. DAVOUDI: Yes. Thank you, Your Honour. THE COURT: You are both content with that wording? MR. STEPHENS: Yes, sir. MR. DAVOUDI: Yes, sir. THE COURT: You understand that any breach of that probation order is a new charge. Again, you've been down this road before.

Your record doesn't leave a judge a lot of options of dealing with a conviction for that breach of probation. Similarly, if there is a further breach of the 109 order I am about to make, your record speaks for itself these days. I didn't hear any submissions contrary to the life term for the 109 order. MR. DAVOUDI: No, Your Honour, that's - we actually - we were - we had that as part of this... THE COURT: That's part of the joint submission? It makes sense too, given the prior record of violence here... MR. DAVOUDI: Yes, Your Honour.

THE COURT: ...that it be for the full duration, and the fact that there is a breach of his currently obligation he made to the courts. As such, pursuant to s. 109, you are now prohibited from possessing any firearm, crossbow, restricted weapon, ammunition, explosive substance for a period beginning today and it is for a lifetime duration. As well, that you are further prohibited from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life. So, in other words, both sections of 109 are for lifetime, Madam Clerk.

The Crown's pleasure on the other charges? MR. STEPHENS: Yes, thank you. And so obviously to be withdrawn, please, but it should be noted that, had we gotten through to the point of arguing on committal, I would not have been in a position to - I mean, there is - there is no way that they can be re-laid, even if I am formally withdrawing them today. Those other counts regarding the incidents that I asked Ms. C. are withdrawn, please, with no intention and frankly I think no ability to be re-laid. THE COURT: Her evidence was quite clear on each of those points. MR. STEPHENS: Yes, thank you.

THE COURT: There is a forfeiture order on consent for every item seized? MR. STEPHENS: Yes, please. MR. DAVOUDI: Yes, Your Honour. THE COURT: All right. And do you have a form you can access on your - or do you... MR. STEPHENS: I will - I will find it, yes. THE COURT: Anything further with respect to the sentencing? MR. STEPHENS: No. THE COURT: Mr. Davoudi is going to give an updated address. MR. DAVOUDI: Yes, I will provide that. CLERK REGISTRAR: I'm sorry, Your Honour, was there a radius? THE COURT: You did ask for a radius.

One hundred metres radius, but with all the same exceptions as agreed to by both counsel. CLERK REGISTRAR: Thank you, Your Honour. THE COURT: Do we know if there's other holds? COURT OFFICER: There are no holds. THE COURT: All right. And sir, you will be released out of the courtroom, but you don't get to leave the building until you have met with the probation officer. That paperwork may or may not be before or after lunch, or if the paperwork is ready, after lunch before you

see the probation officer.