In this case counsel Natalia Pawlowski was able to achieve the imposition of a sentence of two years plus one day, minus time already served, for her client Mr. F.C. who was charged with Impaired Operation of a Vehicle as well as Possession of a Loaded and Restricted Firearm. Rather than take the matter to trial, Mr. F.C. wished to enter a guilty plea, therefore Ms. Pawlowski’s task was to achieve the best sentence she could for her client. The Crown position was that of 4 years in custody for these charges, citing numerous comparable cases and statistics about gun crime in the City of Hamilton, and the broader Province of Ontario.
Although the Crown’s position was squarely in line with prior case law, particularly when considering that Mr. F.C. did have a prior criminal record, counsel Natalia Pawlowski was ultimately able to distinguish Mr. F.C.’s charges from the sentencing authorities presented by the Crown. Ms. Pawlowski also provided a comprehensive support package from Mr. F.C.’s family members and community outlining both the resources that he has available to him, and the rehabilitative steps that he had already engaged in, completely changing his life after being charged.
In sentencing Mr. F.C., the Judge accepted both Ms. Pawlowski’s characterization of the charges, and her distinguishing of prior case law. He acknowledged that an appropriate sentence very well could have been in the 4 to 5 year range, but ultimately imposed Ms. Pawlowski’s requested sentence after hearing the comprehensive submissions she presented in addition to the extensive support package she had prepared. The Judge agreed that this case was a unique exception where individual rehabilitation should be at the forefront of sentencing considerations, rather than general and specific deterrence and denunciation. In imposing this sentence, Mr. F.C would be eligible for parole expeditiously, allowing him another chance at getting his life back in order to account for the progress he had already made in his sobriety.
Ms. Pawlowski spent a significant amount of time getting to know her client, and worked with him to do up front work to show he was remorseful and capable of rehabilitating himself. This played a huge part in conjunction with her legal arguments in achieving the goal of a sentence at the very bottom of the range available on a plea.