Racial discrimination factors into reducing sentence for double shooting in Porsche
An Ontario judge whittled 13 months off a 14-year sentence for a man who shot two people due to the Muslim shooter’s youth, racial discrimination he experienced growing up in Toronto, and harsh pretrial jail conditions.
A jury in Ontario’s Superior Court of Justice convicted Yousaf Bilal Sheikh, 24, on two counts of attempted murder for shooting Mallory Walia and Ameen Jazei inside a white Porsche while he was in the front passenger seat on the evening of Nov. 29, 2022.
“It is implicit in the jury’s verdict that Mr. Sheikh intended to kill two people, Mr. Jazei and Ms. Walia. The jury rejected the defence position that he was acting in self-defence,” Justice Benita Wassenaar wrote in a recent decision.
The judge found that Sheikh “fired multiple shots while he was inside the car with the two victims. I also find that this was an arranged event, in that Mr. Sheikh arrived with a gun, multiple cars were present near the scene, and a car was readily available for Mr. Sheikh to make a quick exit. It is not clear exactly what Mr. Sheikh’s purpose was in entering the Porsche that night, but I find that he was armed when he entered the car.”
Sheikh was also convicted on two counts of discharging a firearm with the intent to endanger the lives of Walia and Jazei, two counts of pointing a firearm at them without lawful excuse, occupying a motor vehicle knowing that there was a prohibited or restricted firearm in it, and possessing a loaded prohibited or restricted firearm without authorization or licence and registration.
“Considering the circumstances of the two attempted murder offences and the circumstances of this offender, in my view a fit sentence is 14 years incarceration,” Wassenaar said in an April 13 decision.
But the judge noted mitigating factors, including the discrimination Sheikh experienced “growing up as a racialized person in Toronto,” the arm injury he suffered during the altercation, the “particularly punitive pretrial incarceration” he weathered, the fact that he was injured while in custody and “the strong family support that” he enjoys, which “increases the prospect of rehabilitation,” reduced his sentence to 12 years, 10 months, and 23 days.
Sheikh was born in Toronto. His parents are from Pakistan. He is the youngest of five siblings.
“In exploring his experiences of racism and discrimination and how he’s been stereotyped, (his pre-sentence report) stated that Mr. Sheikh felt discriminated against and felt various stereotypes in varying situations. For example, when in school, there may have been some comments about his religion,” said the decision.
Sheikh lived with his family at Wellesley and Parliament Streets in Toronto until he was 19. He later moved to Oakville where he lived in a condominium with his mother.
“Mr. Sheikh described the neighbourhood where he grew up as a bad area, but other family members were less negative about it. Mr. Sheikh’s father worked as a taxi driver. The family was not well off, but (Sheikh’s pre-sentence report) indicates that they had what they needed. Mr. Sheikh’s affidavit refers to ‘difficult socioeconomic circumstances.’”
The shooting took place after 7 p.m. in a semi-industrial area.
“The evidence included a surveillance video that showed a white Porsche occupied by Mr. Jazei and Ms. Walia crash into a parked car. Multiple shots can be heard on the video, and a person is seen exiting the Porsche from the front passenger door,” Wassenaar said.
Sheikh “could not be excluded” as the shooter “from DNA found on the front passenger air bag, which deployed when the Porsche crashed,” said the judge.
Nor could he be excluded “as a contributor to DNA found on a 9 mm Glock pistol found on the floor near the front passenger seat,” said the decision.
“Sheikh was also linked to the incident through a distinctive diamond encrusted chain.”
Jazei and Walia were taken to hospital that evening for their injuries, said the decision. “The person believed to be the shooter can be seen in another surveillance video running away.”
Sheikh was arrested on March 6, 2023 and released on bail on April 21, 2023.
After “his bail terms were varied to permit him to be out of his home with his surety,” Sheikh got in trouble with the law again.
“On June 14, 2024 Mr. Sheikh opened the driver’s side door of a car, told the driver to get out of the car or he would shoot him, and forced his way into the vehicle, causing the driver to exit. Mr. Sheikh drove away and collided with two other cars but did not stop. He drove erratically along Front Street until his car became inoperable. He tried to enter another car but did not succeed and was arrested.”
He pleaded guilty in May 2025 to carjacking and a judge sentenced him to two years less a day in jail.
Sheikh went to a private college to study Information Technology (IT) in 2021 for seven months, said the decision.
“He did two months of an online cybersecurity course. At age 21 he got a job in IT at an insurance company, making $65,000 a year. He worked for a year before he was arrested. In his affidavit, he indicated his desire to resume employment in IT. He intends to pursue further education and training upon release.”
Sheikh “spoke of his deep respect for his parents and his Muslim faith,” said the decision.
His “sister described him as caring and responsible, religious and grounded in strong values. She says he is a devoted son, brother and uncle. His family is fully committed to supporting him upon release. They believe he can grow and move forward positively.”
After his attempted murder trial, Sheikh “said that he was sorry for everything that happened,” said the decision. “He wanted to rebuild his life in a positive, responsible, and productive manner.”
The Crown argued for two life sentences for the shootings inside the Porsche.
His lawyer recommended six years in prison.
The court heard Sheikh suffered a “bullet graze wound” to his arm during the Porsche shootings.
“The strength of this injury as a mitigating factor is somewhat muted, particularly since this was not a very serious injury,” said the judge.
Sheikh spent about 14 months on bail, said the decision. “He described his bail conditions as extremely restrictive and said they had a significant psychological impact on him. He struggled with feelings of isolation and loss of purpose. He says that on one occasion he was unable to obtain emergency medical services when he was feeling physically unwell. When cross-examined on his affidavit, Mr. Sheikh said that his time on bail was spent with family, playing video games and watching movies.”
Wassenaar determined that “bail conditions were punitive enough to be ‘akin to punishment’ and are therefore capable of providing some mitigation.”
During Sheikh’s “time in custody there were frequent lockdowns, chronic overcrowding, triple bunking and limited access to showers, phone calls and yard time. His affidavit explains that the conditions caused significant emotional distress and anxiety. The conditions deeply affected his dignity, and made it difficult for him to maintain his religious obligations. Overall, there was a serious impact on his mental health.”
According to his lawyer, Sheikh spent 80 days on “full and partial lockdowns from June 14, 2025 to January 19, 2026, and 52 days of triple bunking from June 30, 2025 to September 29, 2025.”
Given their regularity, said the judge “I am prepared to infer that these deplorable conditions continued to some degree from the date of sentencing submissions on January 27, 2026 until the date I am delivering my reasons for sentence, April 13, 2026.”
Sheikh “was injured at the Toronto South Detention Centre during his trial,” said the decision.
“Sheikh stated that on July 16, 2025 he was ‘viciously attacked’ by another inmate on the way to court. An inmate punched him in the face yelling ‘Rat’ and ‘Snitch.’ He suffered a split lip, which he said caused ‘a lot of pain.’ Later that day, Mr. Sheikh was again assaulted by an inmate, this time in his cell. His glasses were broken and he was cut above the eye, which he described as ‘painful,’” Wassenaar said.
“These assaults compounded the ‘emotional strain, vulnerability, degradation (and) isolation’ he was already experiencing at the jail.”
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