Judge rejects Crown's 'unhinged' 120-day sentence for burglar who tried to disarm cop
An Ontario judge has more than doubled the “unhinged” recommended sentence for a man whose string of crimes includes trying to disarm a police officer.
Lawyers for both the Crown and Martin Moore recommended in the Ontario Court of Justice that he get 120 days in jail for breaking into a home in Barrie last July, and attempting to take a taser from the police officer who responded. Moore, 34, was being sentenced at the same time for fraud for using someone else’s bank card to buy gift cards on Dec. 29, 2024, and punching a police officer on Jan. 6 who responded to a call of a man standing in the middle of an intersection impeding traffic.
“With respect, I find that the joint submission is so ‘unhinged from the circumstances of the offence and the offender that its acceptance would lead reasonable and informed persons, aware of all the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system had broken down,'” Justice Angela L. McLeod wrote in a recent decision.
“The sentencing submissions were brief and a joint position was proffered,” said the judge. “No case law was submitted in support of the joint position. The primary submission was that the court should accept the joint position, without question.”
Instead, McLeod sentenced Moore to 300 days in jail, though with the credit for time served before sentencing, he’ll only serve 162 of them.
The sentencing saga began after Moore plead guilty to attempting to disarm a peace officer, break and enter, fraud under $5,000, and assaulting a cop.
“It is an accepted and entirely desirable practice for Crown and defence counsel to agree to a joint submission on sentence in exchange for a plea of guilty,” said the judge.
“Agreements of this nature are commonplace and vitally important to the well-being of our criminal justice system, as well as our justice system at large. Generally, such agreements are unexceptional and they are readily approved by trial judges without any difficulty. Occasionally, however, a joint submission may appear to be unduly lenient, or perhaps unduly harsh, and trial judges are not obliged to go along with them.”
On April 14, 2024, Martin entered into a formal agreement in front of a judge known as a recognizance to resolve a charge of assault with a weapon, said the decision. “The statutory terms including a requirement that he keep the peace and be of good behaviour were in place for 12 months.”
Four months later, on July 14, 2024, “a good citizen called his neighbour who was at work in Toronto to advise him that someone had broken into his home next door,” McLeod said in her decision, dated April 7.
“The homeowner rushed from Toronto to Barrie and found Mr. Martin sitting on his back porch eating breakfast. Mr. Moore had broken into the residence. The lock of the garage had been broken.”
The homeowner called police.
“Police arrived and spoke with Mr. Moore who falsely identified himself as Joseph Smith,” said the judge. “After some time, he admitted that he was in fact Martin Moore. Police learned that Martin Moore was wanted on a warrant for an allegation of an assault with a weapon and was on the … recognizance for an offence of assault with a weapon.”
Police told Moore he was under arrest.
“A struggle ensued and Mr. Moore attempted to disarm the officer. The officer was fearful that he would grab his taser and it would be used against him,” McLeod said. “Mr. Moore was eventually taken to the ground.”
Moore’s efforts to disarm the cop “put himself, the officer, the homeowner and the neighbourhood at risk for harm,” said the judge.
Moore was released from custody, then on Dec. 29, 2024, “a community citizen was notified by his bank of suspected fraudulent transactions from the night before,” said the judge. “His bank cards were then locked. Various cards were used at a convenience store and used at least twice to purchase gift cards.”
Moore was arrested for the fraud, then released again.
Then on Jan. 6, “concerned citizens called to report that a man was standing in the middle of an intersection and impeding traffic. Police arrived on scene and the man told police that his name was Jack. Police identified the man as Mr. Moore and noted that he was wanted on a warrant for aggravated assault,” McLeod said.
“Police attempted to arrest him, but he attempted to run. He then punched the officer in the side of the head with a closed fist. A physical struggle ensued, in the middle of the intersection. Two citizens became involved to assist the officer until back up arrived.”
The court heard Moore “has been struggling with depression and his life ‘took a downward spiral during Covid,” said the decision. “He turned to drugs and has been using a variety of street drugs ever since. It should be noted that he does not have an official mental health diagnosis.”
His case contains “many, many, many aggravating factors,” said the judge, who also sentenced Moore to a year of probation.
“I have nothing more than the bare submission of defence counsel to substantiate the undiagnosed mental health struggles of Mr. Moore, and as such a longer term of probation is required to assist in his assessment and rehabilitation,” McLeod said.
“There is no current plan of release or rehabilitation and Mr. Moore presents as a risk to the community with his string of violent offences over the last year.”
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