A Toronto man convicted of ripping a gold chain from a rival and slashing his face with a knife over a $100 debt will serve just 21 more months behind bars, after a jury accepted his claim of self-defence in the victim's death. Ontario Superior Court Justice Kenneth Campbell called the sentence lenient, noting a longer term could "easily be justified."
Jury accepts self-defence claim in fatal stabbing
Tamar Enoch Cupid, 28, was convicted last fall of robbery and aggravated assault for the June 25, 2023 attack on Ifeanyichukwu Gabby Oseke in the Knob Hill Plaza at Brimley Road and Eglinton Avenue East. However, the jury found him not guilty of manslaughter, accepting that he caused Oseke's death in lawful self-defence or at least had a reasonable doubt about it.
"Nevertheless, it must be said that the accused personally started the series of events that eventually led to the death of the deceased," Justice Campbell wrote in his June 16 sentencing decision.
Sequence of events leading to death
The court heard that Cupid arrived at the plaza with his girlfriend and a friend identified only as O in a black BMW sedan. Oseke was sitting in the front passenger seat of a parked black SUV. Cupid approached and briefly spoke with Oseke, possibly about a $100 debt Cupid claimed was owed to him.
During the conversation, Cupid reached into the SUV and ripped the gold chain from Oseke's neck. Oseke got out, picked up broken pieces of the necklace, and continued talking. Then O punched Oseke in the face, retreated to the BMW, and drove away.
Oseke pursued the BMW in his SUV, nearly striking Cupid in the parking lot. After a short chase, he returned to the plaza and parked in the same spot. When Oseke got out, Cupid "immediately slashed" his face with a knife he had taken from his pocket, cutting under his left eye, across his cheek, and into his nose. A lengthy physical confrontation ensued, with Cupid continuing to stab at Oseke. At the end, as Cupid tried to escape with his girlfriend, he stabbed Oseke in the chest, killing him.
Sentencing and time served
The Crown recommended a four-year prison sentence, while Cupid's lawyer argued for less. Cupid had already served 494 days (just over 16 months) in pre-sentence custody. With the sentence imposed, he will serve an additional 21 months.
Justice Campbell noted that while the jury accepted self-defence for the killing, Cupid's actions in starting the altercation warranted a sentence that could have been longer. The case highlights the complexities of self-defence claims in violent confrontations.
