Toronto police officer who kicked handcuffed suspect has appeal tossed out

An Ontario court has dismissed a sentencing appeal from a Toronto police officer who pleaded guilty to assault after kicking a handcuffed suspect in the torso in 2019.

According to a written decision released last week, Const. Mehrdad Mahmodian’s appeal of a 30-day sentence was tossed out given there was “no error in law or principle that would justify re-considering the sentence.”

Mahmodian had pleaded guilty to assault for kicking a handcuffed man while he was face down on the ground in October of 2019. He also admitted to giving a false account of the arrest in his memo book and a false account in a use of force report, according to the decision.

Mahmodian’s defence team had argued that a custodial sentence carried a “devastating consequence of certain dismissal” from his job as a police officer, and was “grossly outside the relevant range” for sentencing. 

The defence had originally argued a discharge or suspended sentence was appropriate.

The decision notes that the sentencing judge concluded a 30-day sentence was required, given the circumstances of the assault and the false reports about the arrest.

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