SUN NEWS:
Explaining sentencing
September 1, 2011 10:33
Jack Tobin got a 3-year sentence for the drunk-driving death of his friend. Criminal laywer Calvin Barry explains the system and sentencing for drunk driving cases.
http://www.sunnewsnetwork.ca/video/1138415630001
Click above link to watch video.
Calvin Barry is a Toronto-based criminal lawyer with over 16 years experience as a senior crown attorney at Calvin Barry Professional Corporation - Criminal Lawyers. Calvin Barry Lawyer Toronto has practiced in the area of Criminal Law and Regulatory Offenses since October of 2004, accruing over 30 years experience in criminal law.
Monday, November 28, 2011
Thursday, November 17, 2011
Tuesday, November 15, 2011
Calvin Barry, Criminal Lawyer
Makhniashvili deserves strong sentence
By Michele Mandel ,Toronto Sun
First posted: Thursday, October 20, 2011
Vakhtang Makhniashvili, seen here in a photo taken about a month after his daughter went missing in 2009, will be sentenced Dec. 8 for attacking three people with knives.
(JACK BOLAND/Toronto Sun files)
TORONTO - Sympathy goes only so far.
Vakhtang Makhniashvili may be grieving a missing daughter, but his unprovoked stabbing spree has left four victims still struggling to rebuild their shattered lives. He haunts their nightmares and their waking hours and one by one, they took their place before him in a College Park courtroom to finally detail the physical and mental anguish they continue to endure.
While in return, the paranoid delusional, tormented man rose to offer the briefest of apologies. “I realize how much pain and trouble I’ve caused to society, my family and the victims,” he said in a small voice before being taken back to his cell.
And that is where he should remain for a good long time.
Makhniashvili, 51, has pleaded guilty to three counts of aggravated assault. At his sentence hearing Thursday, court heard he’s been diagnosed with delusional disorder and defence lawyer Calvin Barry said it was stress over his daughter Mariam’s 2009 disappearance that precipitated his uncharacteristic violence.
He assured Justice Rebecca Rutherford that his remorseful client will take psychiatric medication and asked that Makhniashvili be sentenced to just one more year on top of the 11 months and 19 days he’s already spent behind bars.
But after hearing from his emotional victims, that can hardly be enough.
On May 7, 2010, Sean Ure and his wife were bathing their seven-month-old son Liam when there was a knock on their apartment door. Without warning, his “very violent and enraged” neighbour across the hall had plunged a knife into the 26-year-old’s abdomen, cutting him so deep that he was left holding his insides with his bloodied hands.
Makhniashvili had just learned that a decomposed body had been found and in his delusional state, believed his neighbours were responsible for killing his daughter.
“When I try to sleep at night I often see his eyes ripping into me,” the young, red bearded man said, reading his victim impact statement. “I will never forget the rage that Vakhtang had in them.”
Ure now has a scar from his ribs to his navel and spent months recuperating where he couldn’t work or even change his baby’s diaper. “I will never forget,” he said softly, “and forgiveness is very unlikely.”
His partner Sonja Dodd says their son still wakes screaming from nightmares while she can’t shake the terror of what might have been. “What if I had answered the door with Liam in my arms?” she asked.
It was then Delores Langer’s turn to take the stand. The elegant woman took several moments to compose herself before describing in heartbreaking detail how she’s a shadow of the strong, outgoing chef and volunteer she used to be.
Her only mistake was once trusting and posting bail for Makhniashvili.
On Nov. 4, 2010, just days after his son George mysteriously went missing for 13 hours, Makhniashvili viciously attacked both Langer and her husband David, holding his former sureties somehow responsible for a negative newspaper article written about him.
He stabbed Langer right through the arm, severing the nerves, tendons, and muscle fibres to the point that her left hand is now permanently disfigured and paralysed. Unable to work, drive or even do up her bra, she’s dependent on her husband for even the simplest tasks and is mired in constant pain. “I want to end my life so he doesn’t have to be constantly at my side taking care of me,” she said, her voice dissolving into sobs.
Her husband fought back his own tears as he took her place.
He was stabbed in the lower intestine, broke his right shoulder in their struggle and almost severed his left thumb trying to remove the knife . But far worse, the private investigator said, was not being able to rescue his wife.
“I was lying on my back and Vakhtang was chasing my wife with a knife and I couldn’t help,” he recalled. “She was screaming and he was attacking her and that’s something I really regret.”
Makhniashvili’s pain can’t excuse the pain he’s caused others. For his “senseless and gratuitous violence,” prosecutor John Cisorio is seeking an eight to 10 year sentence less his 11 months in custody.
The judge has reserved her decision until Dec. 8.
http://www.torontosun.com/2011/10/20/makhniashvili-deserves-strong-sentence
By Michele Mandel ,Toronto Sun
First posted: Thursday, October 20, 2011
Vakhtang Makhniashvili, seen here in a photo taken about a month after his daughter went missing in 2009, will be sentenced Dec. 8 for attacking three people with knives.
(JACK BOLAND/Toronto Sun files)
TORONTO - Sympathy goes only so far.
Vakhtang Makhniashvili may be grieving a missing daughter, but his unprovoked stabbing spree has left four victims still struggling to rebuild their shattered lives. He haunts their nightmares and their waking hours and one by one, they took their place before him in a College Park courtroom to finally detail the physical and mental anguish they continue to endure.
While in return, the paranoid delusional, tormented man rose to offer the briefest of apologies. “I realize how much pain and trouble I’ve caused to society, my family and the victims,” he said in a small voice before being taken back to his cell.
And that is where he should remain for a good long time.
Makhniashvili, 51, has pleaded guilty to three counts of aggravated assault. At his sentence hearing Thursday, court heard he’s been diagnosed with delusional disorder and defence lawyer Calvin Barry said it was stress over his daughter Mariam’s 2009 disappearance that precipitated his uncharacteristic violence.
He assured Justice Rebecca Rutherford that his remorseful client will take psychiatric medication and asked that Makhniashvili be sentenced to just one more year on top of the 11 months and 19 days he’s already spent behind bars.
But after hearing from his emotional victims, that can hardly be enough.
On May 7, 2010, Sean Ure and his wife were bathing their seven-month-old son Liam when there was a knock on their apartment door. Without warning, his “very violent and enraged” neighbour across the hall had plunged a knife into the 26-year-old’s abdomen, cutting him so deep that he was left holding his insides with his bloodied hands.
Makhniashvili had just learned that a decomposed body had been found and in his delusional state, believed his neighbours were responsible for killing his daughter.
“When I try to sleep at night I often see his eyes ripping into me,” the young, red bearded man said, reading his victim impact statement. “I will never forget the rage that Vakhtang had in them.”
Ure now has a scar from his ribs to his navel and spent months recuperating where he couldn’t work or even change his baby’s diaper. “I will never forget,” he said softly, “and forgiveness is very unlikely.”
His partner Sonja Dodd says their son still wakes screaming from nightmares while she can’t shake the terror of what might have been. “What if I had answered the door with Liam in my arms?” she asked.
It was then Delores Langer’s turn to take the stand. The elegant woman took several moments to compose herself before describing in heartbreaking detail how she’s a shadow of the strong, outgoing chef and volunteer she used to be.
Her only mistake was once trusting and posting bail for Makhniashvili.
On Nov. 4, 2010, just days after his son George mysteriously went missing for 13 hours, Makhniashvili viciously attacked both Langer and her husband David, holding his former sureties somehow responsible for a negative newspaper article written about him.
He stabbed Langer right through the arm, severing the nerves, tendons, and muscle fibres to the point that her left hand is now permanently disfigured and paralysed. Unable to work, drive or even do up her bra, she’s dependent on her husband for even the simplest tasks and is mired in constant pain. “I want to end my life so he doesn’t have to be constantly at my side taking care of me,” she said, her voice dissolving into sobs.
Her husband fought back his own tears as he took her place.
He was stabbed in the lower intestine, broke his right shoulder in their struggle and almost severed his left thumb trying to remove the knife . But far worse, the private investigator said, was not being able to rescue his wife.
“I was lying on my back and Vakhtang was chasing my wife with a knife and I couldn’t help,” he recalled. “She was screaming and he was attacking her and that’s something I really regret.”
Makhniashvili’s pain can’t excuse the pain he’s caused others. For his “senseless and gratuitous violence,” prosecutor John Cisorio is seeking an eight to 10 year sentence less his 11 months in custody.
The judge has reserved her decision until Dec. 8.
http://www.torontosun.com/2011/10/20/makhniashvili-deserves-strong-sentence
Calvin Barry, Criminal Lawyer
Daughter’s disappearance may have sparked delusions, sentencing hearing told
Published On Thu Oct 20 2011
When his teenage daughter, Mariam, disappeared without a trace in 2009, Vakhtang Makhniashvili snapped.
He stabbed three people last year, and his actions were likely caused by the delusional disorder he developed after the disappearance, according to a court-ordered psychiatric assessment.
Makhniashvili has pleaded guilty to three counts of aggravated assault for attacks motivated by “paranoid delusions” about his neighbours and former surety, his lawyer, Calvin Barry, told the sentencing hearing Thursday.
Makhniashvili stood up to apologize in court.
“I realize how much pain I’ve caused to society, to my victims, to my family and to myself,” he said quietly.
The pain has been extreme. Makhniashvili’s victims struggled to keep their composure when they read their impact statements.
“I am subjected to this nightmare constantly,” said Sean Ure, whose “insides spilled into his hands” after his neighbour stabbed him in the gut in May 2010.
His injuries left him unable to work or care for his 7-month-old son. His family moved for fear of their lives.
“I’ll never forget the terror of that man standing in our hallway or the look in his eyes,” said his partner, Sonja Dobb.
Makhniashvili’s attack may have been triggered because a body had been found nearby the same week, although it wasn’t Mariam and Ure had nothing to do with it, Barry said.
Makhniashvili was subsequently released on $50,000 bail. David Langer and his wife, Delores (Rosie), were his surety.
The Langers originally met him through a Facebook group that was searching for Mariam. Langer used to be a private detective and he “put his trust in Vakhtang 100 per cent,” he said.
But seven months later, Makhniashvili violently attacked the Langers at their Leslieville home — the identical offence for which he was out on bail.
This time, the violence may have been triggered by an 11-hour disappearance of Makhniashvili’s son, the subject of an unfavourable article by Star columnist Rosie DiManno.
Makhniashvili mistakenly thought the Langers were responsible for DiManno’s story. He drove to their house, knocked on the door and attacked them both.
Since the assault, the Langers have dealt with disturbing nightmares, constant fear, disabilities and pain, they told the court.
The injury to Delores Langer’s left arm caused paralysis in her hand.
She is severely depressed as she can no longer cook (her profession) or garden (her passion), and she depends on her husband to help her with daily activities such as brushing her hair or zipping up her pants, she said.
“I wanted to take my life,” she said, describing a day this summer. She is under psychiatric care.
David Langer, who required surgery for the wounds in his stomach, was emotional when he took the stand. The worst part, he said, is seeing his wife suffer.
The Langers are now too afraid to answer their front door. They held hands as they sat a metre and a half away from their assailant.
In an interview outside the courtroom, Makhniashvili’s wife, Lela Tabidze, said she is hopeful treatment will be a “step towards recovery.” Hearing the victims read their statements was the “toughest moment,” she said.
“Our main task is to find our daughter,” she added, saying they still hope she is alive.
Barry has recommended that on top of Makhniashvili’s 11 months in custody, he serve another year and two weeks plus three years of probation.
Crown Attorney John Cisorio is seeking a term of eight to 10 years.
Justice Rebecca Rutherford is expected to deliver her decision Dec. 8.
http://www.thestar.com/news/crime/article/1073336--daughter-s-disappearance-may-have-sparked-delusions-sentencing-hearing-told
Published On Thu Oct 20 2011
When his teenage daughter, Mariam, disappeared without a trace in 2009, Vakhtang Makhniashvili snapped.
He stabbed three people last year, and his actions were likely caused by the delusional disorder he developed after the disappearance, according to a court-ordered psychiatric assessment.
Makhniashvili has pleaded guilty to three counts of aggravated assault for attacks motivated by “paranoid delusions” about his neighbours and former surety, his lawyer, Calvin Barry, told the sentencing hearing Thursday.
Makhniashvili stood up to apologize in court.
“I realize how much pain I’ve caused to society, to my victims, to my family and to myself,” he said quietly.
The pain has been extreme. Makhniashvili’s victims struggled to keep their composure when they read their impact statements.
“I am subjected to this nightmare constantly,” said Sean Ure, whose “insides spilled into his hands” after his neighbour stabbed him in the gut in May 2010.
His injuries left him unable to work or care for his 7-month-old son. His family moved for fear of their lives.
“I’ll never forget the terror of that man standing in our hallway or the look in his eyes,” said his partner, Sonja Dobb.
Makhniashvili’s attack may have been triggered because a body had been found nearby the same week, although it wasn’t Mariam and Ure had nothing to do with it, Barry said.
Makhniashvili was subsequently released on $50,000 bail. David Langer and his wife, Delores (Rosie), were his surety.
The Langers originally met him through a Facebook group that was searching for Mariam. Langer used to be a private detective and he “put his trust in Vakhtang 100 per cent,” he said.
But seven months later, Makhniashvili violently attacked the Langers at their Leslieville home — the identical offence for which he was out on bail.
This time, the violence may have been triggered by an 11-hour disappearance of Makhniashvili’s son, the subject of an unfavourable article by Star columnist Rosie DiManno.
Makhniashvili mistakenly thought the Langers were responsible for DiManno’s story. He drove to their house, knocked on the door and attacked them both.
Since the assault, the Langers have dealt with disturbing nightmares, constant fear, disabilities and pain, they told the court.
The injury to Delores Langer’s left arm caused paralysis in her hand.
She is severely depressed as she can no longer cook (her profession) or garden (her passion), and she depends on her husband to help her with daily activities such as brushing her hair or zipping up her pants, she said.
“I wanted to take my life,” she said, describing a day this summer. She is under psychiatric care.
David Langer, who required surgery for the wounds in his stomach, was emotional when he took the stand. The worst part, he said, is seeing his wife suffer.
The Langers are now too afraid to answer their front door. They held hands as they sat a metre and a half away from their assailant.
In an interview outside the courtroom, Makhniashvili’s wife, Lela Tabidze, said she is hopeful treatment will be a “step towards recovery.” Hearing the victims read their statements was the “toughest moment,” she said.
“Our main task is to find our daughter,” she added, saying they still hope she is alive.
Barry has recommended that on top of Makhniashvili’s 11 months in custody, he serve another year and two weeks plus three years of probation.
Crown Attorney John Cisorio is seeking a term of eight to 10 years.
Justice Rebecca Rutherford is expected to deliver her decision Dec. 8.
http://www.thestar.com/news/crime/article/1073336--daughter-s-disappearance-may-have-sparked-delusions-sentencing-hearing-told
Monday, November 14, 2011
Calvin Barry Makes Charitable Donation
Very Big Thank You!
Dear Calvin,
"Africa Comes Alive" was an enormous success- thanks to you!
For all of you who made it out to Maro- thank you for coming to support our efforts. we appreciated that very much.
And thanks to everyone who sponsored children in A Hi Kulene! Be sure to send me their names so we can meet them the next time we are there. How exciting is that?
One more big thank you for your donations and for purchasing items in the live and silent auctions. We will match every cent raised and it all goes towards helping children and their families in A Hi Kulene! Your support from the evening will help finish the school project we are so excited about!
If you weren't able to attend or didn't get around to making a donation or sponsoring a child (so much going on in the evening!), you can still do so by calling Patrick Diltz at World Vision at (866) 825-1697.
Together we have made the lives of many children better!! I hope that feeling lasts for all of you through the weekend and beyond! Have a good one!
Love, Joan
http://campaign.r20.constantcontact.com/render?llr=akie9xhab&v=001UIzoyTILna3pjSyuPoXOKkH2rl6tFY1rHKNJvIxyzgjDAbeqkaarQqWh6O7VuSr29jNH_MYAkGjFLKLPB7zYGbmnroFzH9koxsrWxjXEazWxxzW9doschx0Y4_-F06QrrE_-QpqK2t0%3D
Friday, November 11, 2011
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