Accused attended offices of paralegal agency and threatened B that complaint to Law Society of Upper Canada would be made regarding Z’s conduct that would result in Z being disbarred and agency being shut down. Accused also suggested that this fate could be avoided were he paid $25,000, a figure he subsequently agreed to reduce to $10,000. Accused re-elected to proceed to trial by judge alone and has pleaded guilty to crime of extortion contrary to s. 346(1.1)(b) of Criminal Code. Sentencing hearing held. Having considered carefully submissions of both parties, age and character of offender, nature of offence and circumstances surrounding commission, this was appropriate case to exercise discretion under s. 731(1)(a) of Criminal Code to suspend passing of sentence while directing that accused be released on certain conditions of probation for period of 18 months. There were mitigating circumstances present. Accused was young man who had just completed university education. Accused’s youth was subject to unusual stresses associated with breakdown of parent’s marriage and father’s financial distress. Accused was attempting to launch legal career under the cloud of what will very certainly be challenging circumstances for many years to come as result of conviction regardless of what sentence may be imposed. Accused had no criminal record or record of involvement with police.
R. v. Fattore (2017), 2017 CarswellOnt 5587, 2017 ONSC 2410, S.F. Dunphy J. (Ont. S.C.J.).