Defence says pair convicted of manslaughter in Ali Mohummad’s death were ‘immature’
Two young men convicted of manslaughter for their role in an ambush that led to the stabbing death of 19-year-old Ali Mohummad were immature" 17-year-olds who should be sentenced as youths, say their defence lawyers.
This is a situation, if any, that was a textbook example of immature thinking and behaviour resulting in tragic unintended consequences," Royland Moriah said in court Tuesday.
Defence lawyer Jaime Stephenson called their actions a prime example of immaturity and childish behaviour."
The Crown has asked the court to sentence the pair, who are both now 20, as adults, arguing a youth sentence is not sufficient to hold them accountable for organizing the ganglike attack." The maximum sentence for manslaughter under the Youth Criminal Justice Act is three years, but for an adult it ranges up to life. Assistant Crown Alannah Grady told the court she would seek eight years if the court agrees to sentence them as adults.
Mohummad was killed early on the morning of July 19, 2020, after a clash between two groups in the parking lot of 310 Limeridge Rd. W.
Court heard that Mohummad's older brother Hamza Chaudry and the convicted pair had a dispute over a perceived disrespect." Both sides called friends, with Chaudry and his friends testifying they believed the meetup was to talk out the issue. Instead, the large group attacked. The melee was captured on video, showing such moments as Mohummad being chased through the parking lot, as well as the convicted pair being hit by a car. Chaudry and another friend were also stabbed and one other friend hurt.
It is not clear who wielded the knife that killed Mohummad, whose body was found hours later. The pair were convicted in June because they organized and took part in the ambush. A blow of one is a blow of all," Ontario Court Justice Bernd Zabel said.
However, Moriah argued that doesn't mean that everyone who took part in a crime deserves equal punishment. He urged the court to look at the individual actions of the young men that day. Both lawyers pointed to messages sent after the incident, including a Snapchat video where the teens - bloodied from being hit by a car - are asking for a rematch. They did not know what had happened to Ali.
However, Grady said the pair on the verge of turning 18" were the catalysts" and instigators" for what happened.
Court heard one of the teens came to Canada with his family in 2014. They are from Iraq. He has disabilities that have required him to undergo multiple, serious foot surgeries.
He has struggled as a young person to fit in given his physical disabilities," Stephenson told the court, adding that he sometimes makes up for that with humour, but also sometimes with bravado.
The other teen had a difficult childhood that included abuse in his home and being in foster care between the ages of three and five. His father has an extensive criminal record.
One of the teens underwent a comprehensive background report. The other, however, declined to participate in the pre-sentence report process. The court has ordered a collateral source pre-sentence report, which relies on interviews with family and other records.
Neither teen has a criminal record and both had supportive family in court throughout the trial. Stephenson and Moriah asked the court for 18-month sentences for manslaughter, including 12 months of custody and six months of community supervision.
The case returns Dec. 6, when lawyers are expected to make submissions on the collateral source pre-sentence report before a decision is made on the Crown application to have the pair sentenced as adults.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com