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43-429: Woodbine Building Supply was a hardware store on Toronto's east-end Danforth Avenue owned by Magno with his two brothers, Frank and Carlo, and started by their father years before. For several years the company had struggled to compete with a nearby Home Depot , and its owners had frequent disputes with local residents; it had been fined $ 11,800 for improper storage of materials. The brothers planned to move their store to

86-475: A plea bargain pleaded guilty to manslaughter and arson in exchange for the Crown dropping second-degree murder charges. He received a time served sentence of five years, spending more than two years in jail. Tony Jarcevic, aged 22 at the time, was taking a fire prevention course at a local community college and was hired to set the fire. According to Paskalis, the two men were spreading gasoline and fertilizer in

129-448: A suspended sentence . According to Paskalis, the arsonists were tipped off to the police investigation by an Ontario Provincial Police informant. Paskalis testified that Frank Magno, an OPP auxiliary sergeant and John Magno's brother, was contacted by "friends" in the OPP who advised him on homicide investigations, and Frank told the arsonists to "be careful." Frank Magno was not charged in

172-490: A custodial sentence may, at the discretion of the sentencing judge or magistrates, be suspended for up to two years if the term of imprisonment is under two years and the offender agrees to comply with court requirements, which may include a curfew, performing unpaid work , and/or engaging in an appropriate rehabilitation programme. In 2017, 5% of convictions resulted in a suspended sentence, compared to 7% immediate custodial sentences. The sentencing guidelines indicate that it

215-473: A fixed term to ensure good behaviour. In the People's Republic of China (excluding Hong Kong and Macau ), both suspended sentences and suspended sentencing ( Chinese : 缓刑 , also translated as a sentence "with reprieve") are featured in the criminal law. In the first situation, a fixed-term sentence of three years or below can be suspended. In the second situation, sentencing does not immediately follow

258-691: A hundred-mile route from Scarborough to the Trent River . That road was completed in 1801, but soon fell into disrepair and was largely replaced by the 1817 Kingston Road stagecoach route. Before being named Danforth Avenue, maps referred to it as Concession Line Road . Danforth Avenue, named because it was created to connect Toronto to Danforth Road, was officially built by the Don and Danforth Plank Road Company in 1851 to Broadview Avenue , as well as connecting to Kingston Road. In Scarborough , Danforth Road connects Danforth Avenue with McCowan Road . It

301-565: A new location nearby, and construct a condominium development on the Danforth site. Weeks before the fire, the Magno brothers increased their insurance coverage on the store. A local demolition company quoted $ 145,000 to demolish the store and clear the lot, which was rejected by Woodbine Building Supply's owners. Late on December 24, 2001, four men arrived at the store and began loading its contents into two vans. They chose Christmas Eve to start

344-798: A ramped interchange . Danforth Road splits off the Avenue west of Warden Avenue and runs diagonally northeast until south of Lawrence Avenue , where it continues as McCowan Road . Line 2 Bloor–Danforth of the Toronto subway runs just north of Danforth Avenue from the Don River as far as Main Street station , before gradually veering north as it heads east. Danforth Road was named for American contractor Asa Danforth Jr. , who built portions of what would become Queen Street and Kingston Road . He started work in 1799 on Danforth's Road as (originally)

387-410: A sentence of imprisonment, which can be at most two years, is imposed conditionally, the enforcement of the sentence is postponed for a probation period. The length of the probation period is at least one and at most three years. The probation period begins at the pronouncement or the issue of the judgment. When conditional imprisonment is imposed, the convicted person shall be notified, in connection with

430-409: Is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation . If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation,

473-540: Is adequately served. Suspending a sentence does not completely remove the conviction from a person's record. While it may be hidden from the public, it is not hidden from law enforcement. In other cases, the process of deferred adjudication prevents the conviction from appearing on a person's criminal record, once probation had been completed. In military trials governed by the Uniform Code of Military Justice , officers meting out non-judicial punishment may suspend

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516-783: Is appropriate for a sentence to be suspended if there is strong personal mitigation and/or a realistic prospect of rehabilitation, but suspended sentences should not be used for offenders who pose a risk to the public or who have a history of poor compliance with court orders. Suspended sentences were introduced to English law by the Criminal Justice Act 1967 . Suspended sentences are not used in Scotland or Northern Ireland. Provision exists for offenders convicted in England who live in Scotland or Northern Ireland to have their suspended sentence requirements transferred there. In

559-647: Is possible, therefore, to stand at the intersection of "Danforth and Danforth", i.e. Danforth Avenue and Danforth Road. Local references, therefore, are careful to note whether it is the Avenue or the Road being referred to—although the term "the Danforth" always refers to Danforth Avenue, and never to Danforth Road. Warden Avenue and Birchmount Road in Scarborough are two of the four routes to intersect with both Danforth Avenue and Danforth Road (the others being residential Scotia and Medford avenues). With other routes,

602-411: Is seen as necessary to reduce recurrent criminal behaviour. The court may order the enforcement of conditional imprisonment if the convicted person commits an offence during the probation period and the charge has been brought within one year of the end of the probation period. In this event, the conditional sentence to be enforced, the sentence for the offence committed during the probation period and

645-459: The French penal code . It was amended in 1958 and 1983. It allows for three types of suspended sentence: The Strafgesetzbuch (German Criminal Code) makes provision for suspended sentences for up to five years. When a defendant is sentenced to a prison sentence under one year, the default is suspension "if there are reasons to believe that the sentence itself will serve as sufficient warning to

688-687: The Lakeshore East route . Danforth is served by the Toronto Transit Commission bus system only east of Main Street Station. Routes 16 McCowan and 113 Danforth serve the road during the day and 302 Danforth-McCowan run during the night . Danforth Avenue was formerly designated as Ontario Highway 5 from the Don River (at Bloor Street ) east to Kingston Road . Like many urban stretches of provincial roadway, it

731-678: The Danforth ) and Danforth Road are two historically-related arterial streets in Toronto , Ontario, Canada. Danforth Avenue is an east-west street that begins in Old Toronto at the Prince Edward Viaduct as a physical continuation of Bloor Street and continues for about 6 kilometres (3.7 mi) east through old Toronto, about 350 metres (1,150 ft) of old East York, and a further 5 kilometres (3.1 mi) in Scarborough until it intersects with Kingston Road via

774-468: The United States, it is common practice for judges to hand down suspended sentences to first-time offenders who have committed a minor crime, and for prosecutors to recommend suspended sentences as part of a plea bargain . They are often given to mitigate the effect of penalties. In some jurisdictions, the criminal record of the guilty party will still carry the offense, even after probation

817-521: The arson. The lot formerly occupied by Woodbine Building Supply is the site of Carmelina Condominiums, a 12-storey condo building with 148 residential units and street-level retail. Carmelina is owned by JFC Properties, a company run by John, Frank and Carlo Magno. The tower is much larger than the surrounding two-storey retail buildings on Danforth Avenue, and taller than the recommendations in Toronto's Official Plan. While many residents initially welcomed

860-411: The basement of Woodbine Building Supply when Paskalis decided to leave because of the fumes. Jarcevic called him back just before the explosion which destroyed the building. Paskalis escaped; Jarcevic's badly burned body was not discovered until 17 days later. Shaun McMaster helped the arsonists move merchandise from the store on the evening of the fire, and waited in a van while Paskalis and Jarcevic set

903-466: The convicted person". Courts can impose requirements on offenders (e.g. residency, non-contact, drug rehabilitation) as part of the suspended sentence, and combine it with a fine or order for restitution. In the law of the Republic of Ireland , the 2006 law by which a suspended sentence is activated was ruled unconstitutional in 2016. The 2006 law required that a court decision on whether to activate

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946-643: The court can order the sentence to be served, in addition to any sentence for the new offence. In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence. As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community correction orders, which can be for

989-431: The development of the empty lot which had been idle since the explosion, construction caused damage to surrounding properties which once again led to disputes with neighbours. Construction was completed and Carmelina Condominiums opened in 2015. 43°41′07″N 79°18′48″W  /  43.6853°N 79.3134°W  / 43.6853; -79.3134 Danforth Avenue Danforth Avenue (informally also known as

1032-551: The distinction is unnecessary; for example, "Victoria Park and Danforth" means Danforth Avenue, while "Kennedy and Danforth" mean Danforth Road. Previously, Danforth Road continued around the Highland Creek along local residential roadways now known as: The west end of Danforth Ave. spans the Don River valley, the Don Valley Parkway and Bayview Avenue via the Prince Edward Viaduct . West of that bridge,

1075-407: The fire because they believed Italians and Greeks living in the area would largely be in church for midnight mass . At one point one of the men dropped a cash register in the parking lot, the noise attracting the attention of neighbours; Jason Regaldo then left in one of the vans. At 12:34 a.m. on December 25, the building was destroyed by a massive explosion; debris was found embedded in cars across

1118-412: The fire. After the explosion, McMaster tried unsuccessfully to contact the other trapped arsonists, then fled the scene. On January 3, 2008, he pleaded guilty to manslaughter and was given a time served sentence of 6½ years in prison. Jason Regaldo was a friend of Jarcevic, McMaster and Paskalis who agreed to store merchandise from Woodbine Building Supply which the arsonists removed as payment for setting

1161-401: The fire. On the night of the fire, Regaldo helped others remove merchandise from the store but fled after a cash register was dropped in the parking lot, attracting attention from neighbours. Later, fearing that Magno would sue for the damage done to the store, police convinced Regaldo to admit his involvement and testify against Magno. Regaldo was convicted of conspiracy to commit arson and given

1204-510: The guilty verdict, but instead is determined after a period of probation . Death sentences can also be suspended (called a " death sentence with reprieve "), so that an offender who does not intentionally re-offend during the two-year suspension period of release would have the sentence commuted to a life sentence. A suspended sentence is called ehdollinen vankeusrangaistus in Finnish, which translates to "conditional imprisonment". When

1247-523: The insurance fraud conspiracy; however, the offer was rescinded when police felt Roks was not telling everything he knew. On June 11, 2007, Roks was sentenced to life imprisonment. John "Sam" Paskalis had a history of being a con artist , and one of his schemes involved people applying for a loan through a fake company and paying the insurance fees up front but never getting the loan. Paskalis also used stolen credit card numbers, some of them taken from unsuspecting customers at Woodbine, to order merchandise. He

1290-480: The neighbourhood and more than fifty families had to evacuate their homes on Christmas morning. One person was killed and another was severely disfigured. Police and insurance quickly suspected arson and several people have since been convicted. The store's owners have since built a 12-storey condo building on the site. There was a shooting on the Danforth in July 2018. Suspended sentence A suspended sentence

1333-409: The offence was committed), to those who have committed a serious or very serious crime (the definition of which is given by Article 15 of the same Code as of 2019), or in case of crime recurrence . The judge may also impose additional restrictions on how the probation must be served. Initial sentence is enforced in case of convicted failing to fulfill conditions of the probation. In England and Wales,

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1376-512: The period of the suspended sentence will result in the cancellation of the sentence and imprisonment for the prescribed term. In Russia suspended sentence ( Russian : условный срок , lit.   'conditional sentence or probation') is commonplace and its application is stipulated by an Article 73 of the Russian Criminal Code . The suspended sentences may not be applied to child offenders (minors aged 14 or less when

1419-405: The pronouncement or the issue of the judgment, of the date when the probation period ends and of the grounds on which the sentence may be ordered to be enforced. A sentence of conditional imprisonment may be combined with fines or, if the sentence is longer than eight months, with community service of at least 14 and up to 120 hours. Additional surveillance of the convicted can also be ordered, if it

1462-401: The scheme. He was found not guilty of second-degree murder but guilty of manslaughter and three counts of arson and sentenced to 12 years in prison. Magno vowed to appeal his conviction and was released on bail; however, his appeal was dismissed in July 2015. Adrian Roks, Jr., was a Toronto businessman who owned two tanning salons with his wife, and had no criminal record prior to the fire. Roks

1505-468: The sentences of imprisonment for the other offences considered in the same trial shall be joined as one unconditional sentence of imprisonment. The court may also order that conditional imprisonment be enforced only in part, in which case the remainder of the sentence shall continue to be conditional, subject to the same probation period. The Loi Béranger (Béranger bill) was introduced in March 26, 1891 in

1548-492: The store was destroyed by fire, Magno filed an insurance claim worth $ 3.5 million. Investigators suspected arson, and based on testimony by Paskalis, Magno and Roks were charged with second-degree murder under section 229(c) of the Criminal Code , a rarely used section under which a person is charged for taking "flagrant risks with human life in order to achieve some further unlawful purpose." Magno denied his involvement in

1591-472: The street continues as Bloor Street . Line 2 Bloor–Danforth of the Toronto subway system runs parallel to most of the road's route, offset to the north some 50 metres (160 ft). The subway follows Danforth from the Viaduct west of Broadview Station to Main Street station . Danforth GO Station , just off Main Street, takes its name from the avenue, where the commuter rail line intersects with it, on

1634-408: The street. Investigators believe that the inexperienced arsonists failed to start a fire on their first try, and on trying again accidentally ignited flammable vapours which had built up in the building's basement. Sam Paskalis was badly burned, and spent several months in hospital in a coma ; he was badly disfigured. The body of Tony Jarcevic, 22, was discovered two weeks later. The fire which followed

1677-541: The suspended sentence be made as soon as a later conviction was handed down, even if there was an appeal pending for the later conviction. Subsequent legislation introduced in 2017 corrected the deficiencies identified, introducing an effective appeal mechanism. Suspended sentences ( 執行猶予 , shikkō yūyo ) are common practice in Japan and can be applied in cases where a sentence is for up to three years in prison and/or 500,000 yen in fines. Any criminal activity during

1720-508: Was formally decommissioned as a Connecting Link on January 1, 1998. On Christmas Eve 2001, the Woodbine Building Supply fire occurred. The hardware store was located at the intersection of Danforth and Woodbine Avenues . It was one of the biggest fires in Toronto's history, as 170 firefighters were required to bring the six-alarm blaze under control. The building was less than 50 m (160 ft) from residences in

1763-519: Was one of the largest in Toronto's history. Families in fifty nearby homes were evacuated and sheltered in buses, and 171 firefighters needed two days to bring the fire under control. The fire caused $ 4 million in damage and closed Danforth Avenue for several days. John Magno was the President of Woodbine Building Supply, which he co-owned with his brothers Frank and Carlo. John and the store were known for frequent disputes with nearby residents. After

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1806-401: Was supposed to get C$ 50,000, part ownership of a nightclub and a cut-rate condo for his role in the scheme. Paskalis had organized the theft of $ 1 million in store inventory before setting it on fire to cover his tracks. On the night of the fire, he was caught in the explosion and severely burned, spending several months in a coma. In March 2005, he admitted his involvement in the scheme, and in

1849-481: Was with Magno's family on Christmas Eve when the fire was set, however investigators suspected Roks' involvement due to his relationship with the others accused. After Paskalis admitted his own involvement in the scheme, Roks was charged with second-degree murder under section 229(c) of the Criminal Code, as was Magno. Police offered to drop the charge against Roks if he agreed to give a "truthful statement" about

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