R. v. Brownson, 2021 ONCJ 382
CITATION: R. v. Brownson, 2021 ONCJ 382
DATE: July 6, 2021
Information No. 2811-998-21-33629
ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
ANTHONY C. BROWNSON
R E A S O N S F O R S E N T E N C E
BEFORE THE HONOURABLE JUSTICE G. WAKEFIELD
on July 6, 2021
at OSHAWA, Ontario
APPEARANCES:
K. Alderton Counsel for the Crown
D. Guido Counsel for Anthony Brownson
THE COURT: Is there anything else you would like me to know before I pass sentence?
ANTHONY BROWNSON: I just thought what I did was wrong and I apologize to everyone that was involved. I was really intoxicated at the time, it’s not an excuse, but I take full responsibility for my actions.
THE COURT: I appreciate that, I appreciate you saying that. I take it that that will become the foundation of what you do with your time from this point forward, because there are opportunities while you are in custody. They are not great opportunities, I know that, but grab a hold of what you can grab a hold of, especially once you get to OCI in terms of getting skills you need to move forward.
R U L I N G O N S E N T E N C E
WAKEFIELD, J. (Orally):
I will note the 140 days of pre-sentence custody. That together, with the Duncan credit, would be the equivalent of one year of pre-sentence custody for a sentence that would have been three years less one day, and I do indeed sentence you to a term of custody of two years less one day.
That will be followed by a period of one year probation. The terms of that probation are that you will keep the peace and be of good behaviour, appear before the court when required to do so by the court. Notify the court or probation officer in advance of any change in your name or address and promptly notify the court or the probation officer of any change in your employment or occupation.
You will report in person to a probation officer within two working days of your release from custody and after that at all times and places directed by the probation officer or any person authorized by a probation officer to assist you in your supervision. Your reporting requirement ends when you satisfied your probation officer that you completed all of your counselling. Do not associate or communicate in any way by any physical, electronic or other means or be in the company of, Jenna Ransom, Devyn Hale and was the third name, Mr. Crown, Luis Bedoy?
MR. ALDERTON: Yes, Sir.
THE COURT: And Luis Bedoy - I do not know if Madam Clerk has spelling of that, L-U-I-S B-E-D-O-Y. And you did not say a radius, but I assume a hundred metres?
MR. ALDERTON: Yes, Sir.
THE COURT: Do not be within 100 metres of any place you know any of the persons named above to live, work, go to school, frequent or any place you know the person to be, except for required court attendances. Do you want a non-association with Mr. Ellis?
MR. ALDERTON: I suspect Mr. Ellis’ bail will still cover that up until the conclusion of the matter, but that would certainly be appropriate in crown’s submission. I don’t know that that was canvassed at the time of the judicial pre-trial.
THE COURT: It was not. Any objection, Ms. Guido, with the usual exception for court appearances?
MS. GUIDO: No, Your Honour.
THE COURT: And the additional name will indeed be, Terrance Ellis, with the same 100 metres radius and the e-term that except for required court attendances.
MADAM CLERK: Can I have spelling of that name, Your Honour?
THE COURT: Pardon me?
COURT CLERK: Sorry, I don’t have the spelling of that name.
THE COURT: It is the co-accused on the information.
COURT CLERK: There is no co-accused on this information.
THE COURT: Interesting, all right. Is there more than one information? I thought they were indeed co-accused.
COURT CLERK: No, I only have one information before the Court.
THE COURT: And Mr. Alderton, did you think they’re co-accused?
MR. ALDERTON: I did think they were co-accused, Your Honour.
THE COURT: All right. At some point, Madam Clerk, if you can do a search to see if there is another information floating around with Mr. Ellis’ return date, whenever that might be. The first name, I believe, and I stand to be corrected by Mr. Alderton, Terrence, T-E-R-R-E-N-C-E, last name E-L-L-I-S.
MR. ALDERTON: I believe the Terrance has an “A-N-C-E” rather than “E”, A-N-C-E.
THE COURT: A-N-C-E, good. Thank you. Continuing with the probation order, you will attend and actively participate in all assessment, counselling or rehabilitative programs as directed by the probation officer and complete them to the satisfaction of the probation officer. I am thinking generic, and I stand to be corrected by the crown or defence, with the wording under “other” – for any counselling to assist in rehabilitation? Are you content with that, Ms. Guido?
MS. GUIDO: I’m content, Your Honour.
THE COURT: And Mr. Brownson, that also includes – I am not making it a specific term, but for you to have probation to help you continue with the efforts to upgrade your education, all right. So, that is something you can discuss with the probation officer.
ANTHONY BROWNSON: Yes.
THE COURT: Was there any other terms of probation I have forgotten here?
MR. ALDERTON: It is up to Your Honour, given the 109 that crown is seeking, but a no weapons term was also sought.
THE COURT: I don’t have that here, but really, one really does not impact the other, do you have any objections to a weapons term in probation? It is more far ranging for that one year.
MS. GUIDO: No, Your Honour.
THE COURT: In the circumstances, paragraph 9, do not possess any weapons as defined by the Criminal Code, and Madam Clerk, I use the words “including” instead of “for example”...
COURT CLERK: Yes.
THE COURT: ...a BB-gun, pellet gun, firearm, imitation firearm, crossbow, prohibited or restricted weapon, ammunition, explosive substance or anything designed to be used or intended to be used to cause death or injury or to threaten or intimidate any person. Do you understand all the terms of that probation order?
ANTHONY BROWNSON: Yes, I do.
THE COURT: And do you promise to obey them?
ANTHONY BROWNSON: Yes, Sir.
THE COURT: And do you understand the likelihood of incarceration if you are found guilty of any breaches?
ANTHONY BROWNSON: Yes.
THE COURT: Additionally, pursuant to s. 743.21, there will be an order that you not communicate whilst in custody with any of the named people in the probation order, Madam Clerk.
COURT CLERK: Thank you.
THE COURT: And the one exception – well, I do not see the need for the exception for Mr. Ellis if he is testifying, for example, at trial or something like that. So, I will just leave it so that it applies to all those parties. As well, pursuant to s. 109, you are prohibited from possessing any firearm, crossbow, restricted weapon, ammunition, explosive substance for a period beginning today and ending – it is a lifetime. And after your release from imprisonment and as well, you are further prohibited from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device, or prohibited ammunition for life.
COURT CLERK: And Your Honour, can I ask which counts that applies to?
THE COURT: That would apply certainly to point firearm and use firearm. I don’t see, given the factual underpinnings, that it would not apply to the extortion. Any thoughts from either Ms. Guido or Mr. Alderton?
MR. ALDERTON: Given the factual underpinnings, I don’t have any issue. I would note however, that the use firearm count is in direct relation to that extortion count. So, I am content either way.
THE COURT: And Ms. Guido?
MS. GUIDO: I’m content, Your Honour.
THE COURT: You are content as well or just...
MS. GUIDO: Yeah.
THE COURT: ...add them to the two counts?
MS. GUIDO: No, I am content it applies to all three.
THE COURT: And as such, all three, Madam Clerk. I agree with you. Was there anything seized from Mr. Brownson that needs to be returned or anything that needs to be kept?
MR. ALDERTON: I don’t have a draft 490 order prepared, perhaps if there is anything that needs to be returned, I can sort that out with counsel later and we can, if need be, bring a 490. Otherwise, it would be forfeited as unlawful possession, if there is anything relevant that was seized. But we can sort that out afterwards.
THE COURT: Sounds good. Crown’s pleasure on any other charges that Mr. Brownson is facing?
MR. ALDERTON: If they could be marked withdrawn, please. I also – I might have just missed it, I don’t know if I heard Your Honour issue the DNA order for the primary designated offence?
THE COURT: I have not, thank you very much. And everybody is in agreement it is primary?
MR. ALDERTON: Yes, Your Honour.
THE COURT: And as such, Ms. Guido seems to be nodding as well, and as such, there will be as a primary, an order that a sample of Mr. Brownson’s DNA be taken. And having said that, Mr. Brownson, I know you are already on the DNA data bank...
ANTHONY BROWNSON: Yes.
THE COURT: ...and it may be that they will not want to take another sample from you, but if they do, you have to co-operate with them. Do you understand that?
ANTHONY BROWNSON: Yes, Sir.
THE COURT: All right. And I think that can still be done at the jail. Can somebody help me – particular day of the week?
COURT CLERK: Clerk speaking here, I don’t know, sorry, Your Honour.
THE COURT: I know Madam Clerk is going to ask me that question.
MR. ALDERTON: I am not sure, Your Honour, my apologies.
THE COURT: All right, in terms of the timeframe, no later than 4:00 p.m. on July 15th, 2021. That way there is plenty of time for them to do it prior to that date. And I suppose the order should then include the wording “or any date between now and July 15th”.
COURT CLERK: And could I get the counts that that applies to?
THE COURT: I didn’t hear a word you said.
COURT CLERK: Sorry, which counts are primary....
THE COURT: DNA would attach to all three as well, I believe.
COURT CLERK: All right, thank you, Your Honour.
THE COURT: All right. Any other – at this point in time, no fixed address for Mr. Brownson?
MS. GUIDO: No fixed address, Your Honour.
THE COURT: All right, and Madam Clerk, do you have any other information you require?
COURT CLERK: No, I think I’m okay, Your Honour. And that was two years less a day, is that correct?
THE COURT: That is correct, two years less a day.
COURT CLERK: Yes, I am okay. Thank you.
THE COURT: And the offence dates would be eligible for victim surcharge. Ms. Guido, you tell me that he has no current finances nor any anticipated finances in the immediate future, even after release, so as to justify my waiving the victim surcharge?
MS. GUIDO: That’s correct, Your Honour.
THE COURT: Any submissions to the contrary from the Crown?
MR. ALDERTON: No, Your Honour.
THE COURT: Any counts to which a victim surcharge might apply, I am hereby waiving. And I think I have covered off everything.
MR. ALDERTON: There may be future dates. Scope has the trial dates that are in – later this month. Or, sorry, preliminary hearing dates listed for both co-accused. If they are listed that way on the information, if they could be vacated for Mr. Brownson.
THE COURT: That is a good question. Are there any future dates on this information?
MS. GUIDO: On this....
COURT CLERK: Not on this information that I have before the Court, Your Honour.
THE COURT: I can’t hear you?
COURT CLERK: Sorry. Not that I have before the Court on this one information. I did do a search in our system under the co-accused or sorry, under Mr. Brownson and I did not see any information that he is co-accused on. And I did a future date search for the co-accused and again, he only had one information as well, that was not a co-accused information.
THE COURT: All right. Does Scope include copies of the informations?
MR. ALDERTON: It generally should, I do have some seven sets of disclosure recorded in it, so I am going to have to track down those informations. I’m certainly happy to follow up to see what’s going on in terms of the information for the co-accused.
THE COURT: You know what I was going to impose upon you, thank you, Mr. Alderton for doing that. And then we can re-address it if we need to, but I will just say, if there is another information on which Mr. Brownson is a defendant on these charges, as opposed to any other unrelated charges, then they I anticipate would be withdrawn as well by the Crown.
MR. ALDERTON: Yes, Sir.
THE COURT: And any dates for Mr. Brownson are hereby vacated, if they exist.
COURT CLERK: Thank you, Your Honour.
MS. GUIDO: Thank you, Your Honour. I can advise that there is a preliminary hearing that was scheduled for July 15 and 16th, next week. He was adjourned to today in anticipation of the plea, but I was advised that the preliminary inquiry dates had been put on the record previously. So, if those dates could be vacated for Mr. Brownson.
THE COURT: Well, if they’re in existence, I agree with you, there seems to be some confusion. I am just glad that Madam Clerk brought it to our attention and I think I have covered off each of the scenarios, so that Mr. Brownson will not be haunted by another information down the road.
MS. GUIDO: Thank you, Your Honour.
THE COURT: All right. Anything further, Ms. Guido?
MS. GUIDO: No, Your Honour.
THE COURT: Mr. Brownson, I have made the recommendation for OCI. Take advantage of that. You are getting to that stage right now where you really need to grab hold of all the resources out there, so you have time to get your life back on track and do something positive with it. I trust you can do that. Good luck, Sir.
ANTHONY BROWNSON: Thank you, Sir.
FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))
Evidence Act
I, Yvette Fiala, certify that this document is a true and accurate transcript of the recording of R. v. Brownson, in the Ontario Court of Justice held at 150 Bond Street East, Oshawa, Ontario L1G 0A2, taken from Recording No. 2811_107_20210706_084048__6_WAKEFIG.dcr, which has been certified in Form 1.
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Please contact the Courts Administration Office to obtain further copies from the reporter listed above. Thank you.
July 9, 2021
(Signature of Authorized Person)
Transcript Ordered: July 5, 2021
Transcript Completed: July 9, 2021
Ordering Party Notified: July 9, 2021