WARNING

The presiding judge directs that the following should be attached to the file:

An order restricting publication in this proceeding under ss. 486.4(1), (2), (3) or (4) or 486.6(1) or (2) of the Criminal Code shall continue. These sections of the Criminal Code provide:

486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the complainant or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of

(a) any of the following offences;

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.02, 279.03, 346 or 347,

(ii) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or

(iii) an offence under subsection 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or

(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i) to (iii).

(2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall

(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant of the right to make an application for the order; and

(b) on application made by the complainant, the prosecutor or any such witness, make the order.

(3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

(4) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice when it is not the purpose of the disclosure to make the information known in the community. 2005, c. 32, s. 15; 2005, c. 43, s. 8(3)(b).

486.6 (1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.

(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order. 2005, c. 32, s. 15.

ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 12-50000369-0000
DATE: 20140327

BETWEEN:

HER MAJESTY THE QUEEN

– and –

J.E.B.
Defendant

Sean Horgan, for the Crown
John Erickson, for the Defence

HEARD: March 21, 2014

REASONS FOR SENTENCE

MICHAEL G. QUIGLEY J.

[1] J.E.B. was charged with three historical counts of sexual assault against L.P. dating from over 30 years ago, the period January 1, 1976 through to December 31, 1982. One was a charge of indecent assault, one a charge of attempting to commit buggery, and finally, a charge of assault with the intent to commit buggery. The accused re-elected to be tried by judge alone, and upon his re-election having been accepted, pleaded guilty to Count One. The other two counts are conditionally stayed. The issue on this sentencing is what sentence is appropriate in the circumstances of this case for this frail 78-year-old offender?

The Facts

[2] The accused was in a common-law relationship with the victim's mother during the first four years of the abuse. The accused, the victim and his mother, and the victim's two sisters, all lived together at W[…] Road, Apt. 504, in the City of Toronto. L.P. was often left alone in the care of the accused. The accused was a father figure in his life at the time of the abuse. He was a person in authority and someone he trusted like a parent.

[3] The victim, L.P., complained that J.E.B. performed numerous sexual acts on him, between January 1, 1976 and December 31, 1982. During that period, the complainant ranged between four and 11 years of age. The accused would perform fellatio on him and after he had finished, he would masturbate to the point where he would ejaculate onto the victim's face. The accused performed these indecent assaults on the victim at the residence at W[…] Road, Apt. 504 in the City of Toronto. As the complainant got older, the accused would take him to public washrooms, force him to come with him into the toilet stalls and masturbate until he ejaculated onto his face.

[4] During the same period, the accused also attempted to have anal intercourse with the complainant. On approximately five occasions, the accused slightly inserted his penis into the anus of the victim. However, the victim's body would become tense and the offender would discontinue his actions. The complainant advised that the accused would then place his penis between the victim’s thighs, and thrust his penis between the victim’s thighs repeatedly until he ejaculated.

[5] The complainant reported this abuse to the police in 2010, and on Monday, March 15, 2010, the accused was contacted by police. They attended his address at G[…] Place, Apt. 810, in the City of Toronto, where he was served with an appearance notice relative to these offences, to one of which he has now pleaded guilty.

(continues verbatim in the same structure through paragraph [42] exactly as provided above)

Michael G. Quigley J.

Released: March 27, 2014

COURT FILE NO.: 12-50000369-0000
DATE: 20140327

ONTARIO
SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN
– and –
J.E.B.
Defendant

REASONS FOR SENTENCE

Michael G. Quigley J.

Released: March 27, 2014