An Ontario judge has reduced a 14-year sentence by 13 months for a man convicted of shooting two people, citing the Muslim offender’s youth, racial discrimination he experienced growing up in Toronto, and harsh pretrial jail conditions.
Yousaf Bilal Sheikh, 24, was convicted by a jury in Ontario’s Superior Court of Justice on two counts of attempted murder for shooting Mallory Walia and Ameen Jazei inside a white Porsche on the evening of Nov. 29, 2022. Sheikh was in the front passenger seat at the time of the shooting.
“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 sentencing 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 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 it contained a prohibited or restricted firearm, and possessing a loaded prohibited or restricted firearm without authorization, licence, or 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.
However, the judge cited mitigating factors, including the discrimination Sheikh experienced “growing up as a racialized person in Toronto,” an arm injury he suffered during the altercation, “particularly punitive pretrial incarceration,” an injury while in custody, and “the strong family support that” he enjoys, which “increases the prospect of rehabilitation.” These factors reduced his sentence to 12 years, 10 months, and 23 days.
Sheikh was born in Toronto to parents from Pakistan and 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,” the decision stated.
Sheikh lived with his family at Wellesley and Parliament Streets in Toronto until age 19, later moving 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.’”
