A former Durham College basketball player has been sentenced to six months jail, three-years probation and a three-year driving prohibition after being found guilty of failing to remain at the scene of an accident causing death.
In handing down the sentence for Adam Hosseini, Ontario Court Justice Michael Block told court Wednesday he considered whether a conditional sentence was appropriate as proposed by Hosseini’s lawyer, Mena Bastawrous.
Block ruled it would not answer the need to denounce Hosseini’s conduct and deter similarly minded individuals.
After being taken into custody, the Court of Appeal confirmed to Global News Hosseini was released on bail, pending an appeal.
It was May 7, 2023 around 12:30 a.m. when 58-year-old Darin Acorn was attempting to cross Sheppard Ave East, just west of Markham Road, when he was struck by a westbound vehicle that fled the scene.
Hosseini was arrested the following day after being contacted by police.
During the trial, Hosseini testified he thought he might have clipped a pothole or a pylon after looking in his rear-view mirror and blind spot and seeing a construction site.
Hosseini said he was driving his mother’s Mazda 3 to a nearby Circle K to get a Powerade drink, still thirsty after playing basketball that day. He also admitted he was unlicensed at the time.
Before the judge delivered the sentence Wednesday, Hosseini stood up and addressed Acorn’s sister who flew into Toronto from Edmonton to attend the trial and sentencing in person.
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“Honestly, I just want to give my condolences for this whole situation and if I could take back the day it even happened, from the bottom of my heart, I’m truly sorry for everything that happened. At the end of the day, I know his sister, she still has to grieve and I never really got the chance to properly apologize,” said Hosseini who turned and looked towards Acorn’s sister.
Block emphasized in his reasons for sentence that Hosseini was not responsible for the death of Acorn. Instead, his criminal conduct was Hosseini’s flight from the scene after the accident that took the life of Acorn.
“Failing to remain is a grave and serious crime. He failed to carry out his responsibility to remain at the scene where someone was mortally injured in an accident,” said Block.
Block told court that conditional sentences for such crimes are extremely rare and while Hosseini did not have a criminal record at the time, Block said it was aggravating that Hosseini was not licensed to operate a motor vehicle at the time.
Court heard just a month before the hit-and-run involving Acorn, Hosseini was ticketed under the Highway Traffic Act for operating a motor vehicle without a license.
“I’m troubled he continued to operate a motor vehicle even after a warning with this ticket. He had no business driving until he was properly licensed. It seems to be part of his pattern of somewhat reckless drifting that has been part of his life,” said Block. “His continued operation of a vehicle concerns me that he’s somewhat indifferent.”
The judge said he listened carefully to Hosseini’s “short speech” to the court and found that while he believes Hosseini is “a decent young man,” he continues to deny his knowledge of the accident.
“What remorse would constitute in this case is he has remorse for running from the scene,” said Block
Block said Hosseini, “a basketball star” who received a scholarship to play basketball in North Dakota in 2021, was unable to pursue it.
“It would seem there is a pattern of drifting which has led to Mr. Hosseini’s life being on hold since 2021 and a pattern of delaying responsibilities of adult life,” he said.
Hosseini went on to attend Durham College where he was named the most valuable player for the 2022-2023 season.
Block called the six-month sentence in the lower end of the range and ordered Hosseini to attend counselling “to overcome whatever issues have been impediments” to him over the past few years.
Assistant Crown attorney Rob Fried had been asking for a one-year custodial sentence.
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