Criminal negligence causing death, Impaired operation causing death, Impaired operation causing bodily harm, Criminal negligence causing bodily harm
R. v. Hayatibahar
Sentence and the Crown's position
What the law allows
Fereidon Hayatibahar was found guilty after a trial of criminal negligence causing death, impaired driving causing death, and three counts each of criminal negligence causing bodily harm and impaired driving causing bodily harm, for an August 18, 2019 crash on Yonge Street. Justice Di Luca imposed a global sentence of nine years' imprisonment. According to the Court of Appeal, the trial judge said the sentence captured the high degree of moral blameworthiness and the death and injuries caused, and also reflected that he was a young man without a criminal record.
The record
- Convicted of
- Criminal negligence causing death (CC 220)
- Impaired operation causing death (CC 320.14(3))
- Impaired operation causing bodily harm (CC 320.14(2), 3 counts)
- Criminal negligence causing bodily harm (CC 221, 3 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Upheld on appeal, 2026 ONCA 507 (July 10, 2026)
The Court of Appeal for Ontario dismissed the conviction appeal, granted leave to appeal sentence and dismissed the sentence appeal, leaving the nine-year global sentence in place.
1
- Upheld on appeal, 2026 ONCA 507 (July 10, 2026)
Sources
- R. v. Hayatibahar, 2026 ONCA 507 Court decision, CanLII, July 10, 2026
His Majesty the King Respondent and Fereidon Hayatibahar Appellant
[95] … In imposing the sentence that he did, the trial judge noted that it captured the high degree of moral blameworthiness and the death and injuries caused by the appellant, but also reflected the fact that the appellant is a young man without a criminal record.
[5] The appellant was charged with one count of criminal negligence causing death, one count of impaired driving causing death, and three counts each of criminal negligence causing bodily harm and impaired driving causing bodily harm. He was found guilty on all counts. The trial judge imposed a global sentence of nine years’ imprisonment.
- R. v. Hayatibahar, 2026 ONCA 507 Court decision, Court of Appeal for Ontario, July 10, 2026