The man who threw the fatal punch that led to Owen Sound restaurateur Sharif Rahman's death three years ago was sentenced to 3.5 years in custody as recommended by the Crown and defence.
Robert Evans Jr., 25, also known as Michael Jones, of Darwen Lancashire, England, pleaded guilty to manslaughter in the Ontario Court of Justice in Owen Sound on June 5, when a statement of agreed facts was presented about the Aug. 17, 2023 assault.
Ontario Court Justice Christopher Chorney reserved sentencing of Evans Jr. until Friday in Owen Sound, and sentenced him to 1,277 days or about 3.5 years. With presentence custody of 710 days, enhanced by 1.5 days for every day served, he's credited with 1,065 days, leaving 212 days or about seven months to serve, then will face deportation.
The judge also issued a lifetime firearms and other weapons prohibition. Chorney described Rahman as a "valued and well-liked member of the Owen Sound community, a beloved husband and father. His death was profoundly tragic. It was felt by the community and attracted a great deal of attention and outpouring of sympathy."
"This was truly a one-punch case of manslaughter," Chorney said, repeating the description given by the Crown attorney at the earlier court appearance. "While Mr. Evans ought to have known he might cause some bodily harm, he certainly did not intend to cause the death of Mr. Rahman. Nor did he mean to cause bodily harm to him."
Chorney said the sentence recommended by the Crown and defence falls within the mid-range for manslaughter. He acknowledged the case has affected Rahman's family and the community profoundly, and that the sentence may seem lenient, particularly for a case involving a death.
However, Chorney said if all of the facts and considerations required are understood, the sentence is an appropriate one in the circumstances. He considered this case's aggravating factors, which included that Evans committed the offence while trying to leave the restaurant without paying, and that he fled without trying to help Rahman, then fled Canada.
Evans' evasion aggravated the community and must have done the same for Rahman's family, Chorney said. The "profound consequences" are aggravating, as are Evans' U.K. convictions for possession of an imitation firearm and for battery.
On the other hand, mitigating factors included the guilty plea, which saved Rahman's family more grief during a trial. The judge found Evans' statement of remorse "sincere and reflected very good insight into the harm that he has caused." However, Hafeez Motorwala, the imam of the Owen Sound Muslim Community Association, said the court's sentencing was "a joke" and that Evans Jr.'s intent shouldn't matter if the result of his actions left a man dead.
Owen Sound Mayor Ian Boddy said he knew some people would be disappointed with the sentencing given the circumstances, but called it an appropriate decision. Boddy, who is a lawyer, said sentencing in this case more closely reflects the intended crime of assault.
Evans Jr.'s father, Robert Busby Evans, 49, and his uncle, Barry Evans, 55, pleaded guilty on June 5 to being accessories after the fact. Chorney sentenced them to time served as recommended by the Crown and defence lawyers in June — 21 months time served plus one day, deemed served.
They helped Evans Jr. get away, which Chorney called "very serious." The judge found their sentence accords with similar cases of accessory after the fact involving a homicide.
