SUPERIOR COURT OF JUSTICE
File 2-2011
HER MAJESTY THE QUEEN
v.
J.H.
REASONS FOR SENTENCE
DELIVERED BY THE HONOURABLE MR. JUSTICE JOHN C. KENNEDY
ON JUNE 26, 2012 AT GODERICH, ONTARIO.
APPEARANCES
T. DONNELLY COUNSEL FOR THE CROWN
T. MACDONALD COUNSEL FOR THE ACCUSED
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REASONS FOR SENTENCE
KENNEDY, J. (orally):
Thank you. I have had an opportunity to review the joint submission which I have in typewritten form and that joint submission I understand has been approved by D.H.. Is that correct?
MS. DONNELLY: Yes. A joint submission by counsel that certainly Mr. D.H. and I spent a great deal of time this morning talking about the joint submission. Yes. He wants to ensure that anybody in the future be protected and that Mr. J.H. be treated for his offence while in custody but also for the maximum length of time that that can occur after he gets out of custody, and that’s why we are putting forward a joint submission for the maximum reformatory sentence to be followed by the maximum length of probation.
HIS HONOUR: Alright, thank you.
MR. MACDONALD: Your Honour, I would just like add I would submit that the joint submission does fulfill the dual needs of deterrence and denunciation by the court and as well does deal with rehabilitation based on what Your Honour made the find – what findings Your Honour made at the trial of this matter and the recommendation from
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Terryhill Correctional Institute would be part of the rehabilitation process to their treatment centre there and certainly probation afterwards provides for three years of supervision and as quite clearly in the joint submission provides for specifically Mr. D.H. to take counseling for sexual offences. So I believe it is appropriate.
HIS HONOUR: Right. I think because in particular we have the complainant’s approval and further because there is an element of mitigation with respect to the particular acts complained of, and that is there was never any penetration of the complainant’s anus, I am prepared to accept the joint submission that counsel have reached. I think it is a good and proper disposition of the penalty in this case. I do not think it is necessary for me to review or go over or read the particulars of the illicit acts complained of because I have covered that in great detail in my lengthy judgment so I will refrain from doing that today unless counsel think that I should do that.
MR. MACDONALD: I would submit that there’s no need, Your Honour. You’ve given detailed written Reasons already.
HIS HONOUR: Alright. The Crown nods in agreement?
MS. DONNELLY: I agree.
HIS HONOUR: Alright. So in this case with respect to my endorsement, I think what I should do in
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light of the detailed material which is before me, that is the typewritten sentence deemed fit and which forms the subject matter of the joint submission and which I have approved, I will simply say that the sentence will be two years less a day of confinement in a reformatory and in this case it will be the Ontario Correctional Institute plus three years of probation with statutory conditions and the optional conditions set out in this document, the joint submission, along with the ancillary orders which are a DNA order today pursuant to s. 487.051(1), a SOIRA order under s. 490.013(2)(b) for 20 years, a s. 109 order for 10 years. I take it there is no time required to dispose of any weapons?
MR. MACDONALD: I spoke to my client. He does not have any firearms, ammunition or explosives and does not have a license.
HIS HONOUR: Okay. And then further and lastly, a s. 161 order for 10 years prohibiting the offender from being in a public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or daycare centre, school ground, playground or community centre unless under the direct supervision of an adult who is aware of the offender’s conviction. Further; seeking, obtaining or continuing any employment whether or not the employment is
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remunerated or becoming or being a volunteer in a capacity that involves being in a position of trust or authority towards a person under the age of 16 years.
So I will make that endorsement and refer to the written terms of the joint submission in that endorsement. I am going to call this written endorsement Exhibit 3.
MS. DONNELLY: Thank you.
MR. MACDONALD: Thank you, Your Honour.
HIS HONOUR: So the penalty will be pursuant to the terms of the written endorsement, Exhibit 3, consisting of two years less a day in jail followed by three years probation with detailed terms set out in Exhibit 3. So is there anything further that is required?
MS. DONNELLY: I don’t believe so. In the ancillary orders that are referred to in Exhibit #3 was Your Honour going to make an endorsement on the indictment about the ancillary orders as well?
HIS HONOUR: I said followed by three years probation with detailed terms in Exhibit 3.
MS. DONNELLY: The ancillary orders being the DNA Order, the Sex Offender Information Registry Order, the 109 Order, the 161 Order.
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HIS HONOUR: I will put down including ancillary orders.
MS. DONNELLY: Thank you.
HIS HONOUR: I think that Mr. D.H. should know, if he does not appreciate that already, that the court accepted every word that you gave under oath here in Goderich. I take it that you appreciate that but thank you for coming forward and telling us about this horrific incident in your life. And for the record, I wish to also confirm that I have accepted every word that you said in the victim impact statement and read before us here today as well. Thank you.
FORM 2 CERTIFICATE OF TRANSCRIPT (SUBSECTION 5 (2))
I,
Cathi Lightfoot
(Name of Authorized Person)
certify that this document is a true and accurate transcript of the recording of
R v J.H.
in the
Superior Court of Justice
(Name of Case)
(Name of Court)
held at
Court House, Court House Square, Goderich, ON
(Court Address)
taken from Recording
1411-1-CR1-20120626-094423
, which has been certified in Form 1.
03JUL2012
(Date)
C. Lightfoot, Certified Court Reporter
E X H I B I T S
EXHIBIT NUMBER
[1] Pre-sentence report.
[2] Victim impact statement of D.H.
[3] Typed conditions of sentence.