Court File and Parties
CITATION: R. v. Wilson, 2019 ONCJ 361
DATE: February 8, 2019
Information No. 2811-998-18-27044-00
ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
CORY ROBERT WILSON
Proceedings
P R O C E E D I N G S A T
R E A S O N S F O R S E N T E N C E
BEFORE THE HONOURABLE JUSTICE G.R. WAKEFIELD
on FEBRUARY 8, 2019 at OSHAWA, Ontario
INFORMATION CONTAINED HEREIN CANNOT BE PUBLISHED, BROADCAST OR TRANSMITTED PURSUANT TO SECTION 539(1) AND SECTION 486.4 OF THE CRIMINAL CODE OF CANADA BY ORDER OF JUSTICE G.R. WAKEFIELD, ONTARIO COURT OF JUSTICE, DATED JANUARY 28, 2019
APPEARANCES:
R. Iaquinta Counsel for the Crown
M. McCormick Counsel for Cory Wilson
FRIDAY, FEBRUARY 8, 2019
...all recorded, but not required
THE COURT: Anything you want to say? You don't have to say anything but this is your opportunity?
CORY WILSON: I'd like to take this opportunity. It's been a very trying day. I've heard a lot of things from my past that have been put before the courts today. I went through a bail hearing this morning. My parents are still standing beside me and that means a lot to me and as per what my lawyer told you what my true feelings are about my future are sincere and I hope to -- I hope for better things in the future.
Reasons for Sentence
WAKEFIELD, J: (Orally)
I hope the same for you sir. I have been doing this a long time and every time I see parents of an accused standing in cuffs in a prisoner's box the expression on their face is in horror in their eyes seeing their child, a son or daughter is one that always takes me a moment to reflect upon and you have done this to your parents numerous times since becoming an adult.
I can tell you both the testimony of Ms. D. and the circumstances of your history made me think in terms of extending the period of time before you are eligible for parole, but I gave a commitment at the pre-trial and I am not going to do that because the totality of sentence is one that you were told I am sure before entering your plea today and is based on assurance that you knew what exactly would be consequences by accepting responsibility that when you have. But it is after Ms. D. had to testify at least once.
I will say this to you. I see you as somebody who is extremely high risk of violent recidivism and I am saying this for the record because what I am saying here follows you through and I think you know this from prior times in custody when you have applied for parole that often the transcript of proceedings are presented to the Parole Board. I am saying this for the record that given the lengthy history of non-compliance with court orders reflected on your record and that leaves me little room of confidence that you are going to comply with any new conditions and I am urging the Parole Board to stress the importance of the non-association non-communication orders that will be I assume part of your parole and that they monitor that very, very closely.
I would also urge the Crown Attorney's office to refer your file to what they have a high risk management team to monitor your progress because I suspect that you have now put yourself in a position that if you come back to a court with anything like this, the Crown Attorney's office is going to be looking at consideration for either a dangerous offender or a long-term offender in which you have thrown away the rest of your life into incarceratory facility.
I am certainly going to make an order that pursuant Section 743.21 you are now prohibited from communicating or associating with Ms. D. while you are serving the custodial portion of your sentence.
I have listened to the Crown and I do not think frankly with your history the Crown's being unreasonable I just believe that my sentence should reflect the acknowledgement and responsibility and the fact that indeed Ms. D. does not have to come back another time and now focus on trying to get her child back and be a mother to that child.
Rehabilitation is always an issue for me. I do not accept the Crown's pessimism there that you are beyond hope and I agree with Ms. McCormick that you have demonstrated some ability fleetingly that you can turn your life around. But you seem to throw it away so quickly once you get stable. Here I think the more important sentencing principles arise out of protecting the community, separating you from society and most of all reflect on the fact that the degree of domestic violence here is one which no one should ever have to go through and the illusion by the Crown is one that I have some understanding about as I actually had a client of mine kill his domestic partner who was also a client of mine indirectly and I can see how easily people slip into that mode of mind that femicide becomes the next step up the ladder and I am hoping this sentence and knowing that upon release there are going to be people looking at you for the opportunity to bring that long-term or dangerous offender application just to protect any other woman out there because you seem to have an unbelievable knack of hurting women and until you find out why and until you bring it under control, you are a danger to every other possible domestic partner you might have in the future.
Be that as it may the balancing here I think in terms of the hope of rehabilitation and the need to deter other people, denunciate your behaviour, I am going to note 66 days of real time grossed up by 33 days for 99 days of pre-sentence custody value on the assault bodily harm and the assault with the weapon. To be followed by a sentence of a further 36 months. That is on top of the pre-sentence custody.
With respect to each of the breach of probation orders, I am sentencing you to a period of two years on each, concurrent one onto the other and concurrent to the assault bodily harm and assault with a weapon for a totality sentence that will be 36 months on top of where we are today.
On consent there will be an order that pursuant to Section 109 for a period of 10 years that you are prohibited from any those items set out therein. You will get a copy of that order.
Again I appreciate you have been on the DNA bank for quite some time now, but in all the circumstances I am satisfied that it is in the best interest and administration of justice you will have another order that you provide a sample of your DNA. I doubt if the officers will take it, but if they do you have to cooperate with them. Do you understand that.
CORY WILSON: Yes.
THE COURT: At this point in time no fixed address?
MS. MCCORMICK: Just brief indulgence. The address that is probably most appropriate is the address for his parents in Lindsay and that should be one of the -- there's nobody else in court so I suppose I can read it out. It's 29 Denfield Road in Lindsay.
CLERK OF THE COURT: Can you spell that street please?
MS. MCCORMICK: Denfield is D-E-N-F-I-E-L-D.
CLERK OF THE COURT: Road in Lindsay?
MS. MCCORMICK: Road in Lindsay, Ontario.
CLERK OF THE COURT: Thank you.
THE COURT: And the other charges?
MR. IAQUINTA: Yes if the other charges could be withdrawn please?
THE COURT: And Madam Clerk require any other information?
CLERK OF THE COURT: I do Your Honour. According to the sentence, given there is a Memorandum to the Court of Correctional Service Canada that needs to be filled out, what would you like enclosed with that?
THE COURT: At this point in time there will be a transcript of the Reasons for Sentence. Does either the Crown or defendant want any other material -- I assume they would have access to the record. Is that one of the enumerated items?
CLERK OF THE COURT: Pre-Sentence report does not exist right, am I correct?
MS. MCCORMICK: Correct.
CLERK OF THE COURT: The victim impact statement.
THE COURT: Such as it is, no objection by the party for a copy of that to be sent with the material?
MS. MCCORMICK: No Your Honour.
CLERK OF THE COURT: Thank you. Psychiatric report.
THE COURT: There is not one.
CLERK OF THE COURT: Thank you. Medical report.
THE COURT: Nor is there one.
CLERK OF THE COURT: Psychological report.
THE COURT: Nor is there one.
CLERK OF THE COURT: Letters as to character of offender.
THE COURT: Again not applicable.
CLERK OF THE COURT: Thank you, that's all.
THE COURT: Do you want photographs sent?
MR. IAQUINTA: There were photos, I wasn't thinking of the photos to be honest Your Honour.
THE COURT: I am just concerned that once it is out of the control of the Court, it is an evasion of the victim's privacy.
MR. IAQUINTA: I agree. My only concern was a transcript of these proceedings won't have the facts of...
THE COURT: You would like a transcript of the preliminary hearing as well?
MR. IAQUINTA: Yes, yes.
THE COURT: I cannot think of why you have -- standing to object, but I will ask anyway.
MS. MCCORMICK: I take no issue with that Your Honour.
THE COURT: And Madam Clerk indeed the transcript of the preliminary hearing proceedings as well.
CLERK OF THE COURT: Yes Your Honour that will follow. Thank you.
MS. MCCORMICK: I'm sorry Your Honour. Just as a separate issue. When I was speaking to Mr. Wilson in custody today he had requested that Your Honour consider leaving an endorsement on his warrant of committal since he has been in custody there have issues with respect to obtaining the medical treatment that he requires. So if we can ask for an endorsement on the warrant of committal that he be permitted to meet with a medical doctor.
THE COURT: There is a preferred wording for that. As I do not hesitate to make these endorsements. The jail must fulfill its obligation to the health of each of the inmates in there. Is there something specific that I should be endorsing?
MS. MCCORMICK: Just one...
THE COURT: Is there a medication issue or...
MS. MCCORMICK: There is a medication issue. I'll perhaps ask Mr. Wilson what the medication is. Mr. Wilson has an issue with his sciatic nerve for which he is ordinarily prescribed medication. So he would need a medical doctor to prescribe medication in relation to that and also with respect to sleeping.
THE COURT: Sleeping in the sense of medication or...
MS. MCCORMICK: Yes medication to sleep.
THE COURT: So there will be endorsements on the warrant that the inmate be provided medically prescribed medicine for sciatic nerve and a sleeping disorder.
MS. MCCORMICK: Thank you sir.
THE COURT: Have you got that Madam Clerk or do I have to repeat it?
CLERK OF THE COURT: No how do you spell sciatic?
MS. MCCORMICK: I can attempt to figure that out. Mr. Iaquinta might have better luck on a Google search.
CLERK OF THE COURT: S-C-I-A-T-I-C-A -- medically prescribed medication -- prescribed medication for sciatica...
THE COURT: And sleep disorder.
CLERK OF THE COURT: ...and sleep disorder. Thank you.
THE COURT: Anything further from Madams Clerk?
CLERK OF THE COURT: No. Thank you Your Honour.
THE COURT: Go with the officer
MR. IAQUINTA: Thank you Your Honour.
MS. MCCORMICK: And I'm sorry Your Honour my friend did invite to withdraw...
THE COURT: The other charges have been withdrawn.
MS. MCCORMICK: Thank you sir.