Court File and Parties
Ontario Court of Justice
Between:
Her Majesty the Queen
— and —
Trevon Demos and Mary McQuoid
Before: Justice J. De Filippis
Heard on: April 15 & June 27, 2019
Reasons for Sentence released on: August 13, 2019
Counsel
Ms. K. Kim — counsel for the Crown
Mr. J. Root — counsel for Mr. Demos
Mr. M. Evans — counsel for Ms. McQuoid
Reasons for Sentence
Overview
1The defendants pled guilty to robbery. The offence is serious. The offenders are of otherwise good character. This dichotomy informs the very different positions of the Crown and Defence with respect to sentence.
Facts
2On March 30, 2018 the defendants contacted two women by means of a website that is used to advertise the sale of sex. The website contains personal information [often fictitious] and photographs. Subsequently, the parties communicated by text messages. Ms. McQuoid asked if the women "do couples" as she wanted to give her boyfriend a "birthday present" and she likes "doing shower stuff with girls". The women agreed to this request at a cost of $400 (i.e. $200 for each defendant) and disclosed the location of the Niagara Falls hotel room at which these sexual services would be provided.
3Text messages between the defendants show that they planned to rob the two women. I reproduce the exchange, with the spelling and other errors:
Ms. McQuoid: What are you thinking
Mr. Demos: Once u get the one in the bathroom, ill knock the one & come in the bathroom & knock out the other one….Then we grab the purses & the bag & cut
Ms. McQuoid: Okay
Mr. Demos: U can put everything in the suit case & ill make aure there down
Ms. McQuoid: Okay….Which girl do you want
Mr. Demos: The one in the red
4The defendants arrived at the hotel room before midnight. There were two beds in the room. Mr. Demos lay on one bed with one of the victims. Ms. McQuoid lay on the other bed with the second victim. After about 30 minutes, and while the first victim performed fellatio, Mr. Demos repeatedly punched her in the face and head. Almost simultaneously, Ms. McQuoid did the same and also kicked the second victim. As both victims lay on the floor, naked and bleeding, the defendants grabbed their purses, containing $300.00, identification, and credit cards. One of the victims stood up and managed to wrestle her purse from Ms. McQuoid and ran out of the room screaming for help. The defendants fled the scene.
5Both victims were taken to hospital. The woman assaulted by Ms. McQuoid had numerous bruises and a cut to her left cheek that required three stitches to close. This has left a permanent scar. The woman attacked by Mr. Demos suffered bruising as well as internal damage to her nose that will necessitate plastic surgery to repair.
6The defendants were captured by a surveillance camera at the hotel on the evening in question and later identified through banking records and social media inquiries.
7Neither victim elected to provide a victim impact statement. However, the one assaulted by Mr. Demos told the author of the presentence report for him that, in addition to a pinched nerve, the scar on her face is a constant reminder of the incident. She added that she "tries to remain positive" but she "has her days and has experienced paranoia since the offence occurred".
Crown Position
8The Crown submits that the appropriate sentence is a period of custody for two years less one day, to be followed by probation for two years on certain terms as well as ancillary orders. The Crown position is informed by these considerations: The maximum penalty for robbery is life in jail. The offence was planned. One victim has a scar on her face and the other needs plastic surgery. The sentence imposed must serve to denounce and deter such conduct.
Defence Position
9Both Defence lawyers argue that a fit sentence is 90 days, to be served intermittently. They agree that the probation and ancillary orders requested by the Crown are appropriate. The Defence position is informed by these considerations: The offence is bad. The offenders are not. The defendants have a good past and future. This incident occurred in a period in which both individuals descended into "a bizzaro world" of drugs, alcohol, and criminal associates. There is no need for specific deterrence. Against this background, the right sentence is 8 to 9 months. However, this should be reduced by 5 months because of restrictive bail conditions. Even if the bail conditions are not factored into the calculation, a 90-day sentence can satisfy the principles of denunciation and deterrence.
Background of the Defendants
Good Character and Antecedents
10Defence counsel are correct in asserting that their clients have good antecedents and a promising future. This is supported by the presentence reports, supporting letters, and the defendants' statements to me. Crown counsel did not dispute the integrity of this material. Neither defendant has been in trouble with the law before this offence.
Mary McQuoid
11The presentence report for Ms. McQuoid includes the following information: She is 21 years old, single, with no dependents. The defendant described a good childhood in a close and loving family. She graduated high school with a 93% average and attended university. While in high school, she worked part time. The defendant did not complete her university studies. During this time – in the year leading up to this offence – she worked as a waitress at a strip club and began performing at the club. She began using marijuana, cocaine and opioids. Ms. McQuoid reported that she has had several bad relationships, including with Mr. Demos. The latter one began well but she soon felt fearful, confused and manipulated by him. This relationship ended when they were arrested for the present offence. She reports she was under the influence of drugs at the time of this offence. She added that she participated in it because she feared Mr. Demos would leave her if she did not. Ms. McQuoid expressed remorse and feels "terrible that innocent people were hurt". Since the offence, she has enrolled in a welding course and excels with a 92% average. She also works part time at a local restaurant. Ms. McQuoid struggles with depression and anxiety. She is under counselling that is focused on "healthy relationships".
12I have reviewed 16 letters written in support of Ms. McQuoid. They are from teachers, employers, and co-workers. The defendant is described as an "outstanding student", highly motivated, and well-liked.
13Ms. McQuoid provided a tearful statement to the court. She told me that she had "made a very bad decision. I'm trying to move forward. Now, I'm so careful about my environment and friends….I was so lost, in a toxic relationship. I don't want to feel like I did before. I was naïve. I just don't want to move forward – with counselling, I want to learn more"
Trevon Demos
14The presentence report for Mr. Demos includes the following information: He is 23 years old, single and without children. His father died when he was a child and he was raised in a stable home by his loving mother. He is a strong athlete and worked part time during school. He is currently employed in sales and well regarded by his supervisor. He met Ms. McQuoid after a failed relationship with another person that ha