R. v. DECKER 2014 ONSC 586

Court File No. 10-1029

SUPERIOR COURT OF JUSTICE

HER MAJESTY THE QUEEN

V.

GARRY CHARLES DECKER

REASONS FOR SENTENCE

BEFORE THE HONOURABLE MR. JUSTICE T. RAY

on January 20, 2014, at PEMBROKE, Ontario

APPEARANCES:

J. Nicol Counsel for the Crown

O. Abergel Counsel for Garry Charles Decker

MONDAY, January 20, 2014

REASONS FOR JUDGMENT

RAY, J. (Orally):

Overview

I entered convictions this morning for second degree murder and aggravated assault following the defendant’s guilty plea and after hearing a summary of the evidence, to which the defendant indicated his substantial agreement, joint submissions by very competent counsel told me that on the second degree count that they suggest life imprisonment, which the law requires, but a period of 15 years before he may apply for parole. On the aggravated assault conviction they have told me that they believe 10 years imprisonment concurrent to the second degree murder conviction is appropriate in this case.

Circumstances of the Offence

On August the 26^th, 2010, approximately 1:00 a.m., the defendant and his friend, Ripley, decided to go to a local Pembroke bar. The defendant was living with his common-law wife, his daughter, and his parents. It was agreed that they would sneak out; turn off their cell phones so that they could not be contacted. They arrived at the bar and the defendant from that point forward was known as Chad to people in the bar and they began talking to the local patrons, which included Mr. Blaedow and Mr. Miles. Mr. Blaedow was observed to be obviously gay and the defendant was observed being flirty throughout the evening. As they were leaving, Mr. Blaedow gave the defendant a piece of paper with his phone number and address. The defendant and his friend, Ripley, left the bar and then proceeded to Mr. Blaedow’s apartment. By the time they arrived both of them were quite intoxicated. Before going in the defendant asked Mr. Ripley if he felt like doing a murder on the two of them, that is to say Mr. Blaedow and Mr. Miles. Ripley said he thought he was joking. Inside the apartment they consumed more alcohol and began consuming drugs, including Percocets, Oxycontins, marijuana, and cocaine. The defendant and Mr. Blaedow were described as quite stoned. The defendant and Mr. Blaedow then began kissing and talking, then into Mr. Blaedow’s bedroom, then the bathroom and at one point Mr. Blaedow took a picture of the defendant, which made the defendant lose his temper. He became extremely upset yelling at Mr. Blaedow in the bedroom. The other two that were there, which included Mr. Miles and Mr. Ripley, came to the bedroom door to observe the commotion; suddenly the defendant took a folding knife from his back pocket and started swinging at Mr. Blaedow. Mr. Miles tried to intervene and the defendant struck at him then hit him again and he retreated to the bathroom while the defendant continued striking with the knife. Mr. Blaedow yelled for the defendant to stop. Mr. Ripley left for help. Mr. Miles managed to get the bathroom door closed and then the defendant then turned on Mr. Blaedow stabbing him multiple times. Blaedow was heard begging for help as were the thuds as the defendant stabbed him. The defendant fled and Mr. Miles called 9-1-1. Mr. Miles was badly injured with over 65 lacerations and some very deep cuts, 42 sutures were required. Mr. Blaedow died upon arrival at the hospital. An autopsy determined that death was from multiple stab wounds.

Circumstances of the Offender

The defendant is 31; he was 29 at the time of the offence. He had previously been discharged from the Armed Forces. He was born in Newfoundland and entered the Armed Forces after 9/11 feeling it was his patriotic duty. He has a simple assault when he was intoxicated conviction several years ago from Alberta and at the time of this offence he was living with his common-law wife and young daughter. From all accounts the family was fairly close; in fact, all of them, his parents, and his wife have been in court today.

Impact of the Offence

The defendant pleaded guilty today, thus avoiding the need for a six-week trial and not requiring that the families and the victims relive these tragic events. A horrific incident like this always leaves its scars on the community. The families of Mr. Miles as well as Mr. Ripley and the Blaedow family have been deeply affected. Victim impact statements were filed and they are quite moving.

The penalty for second degree murder is life with an application for parole after 10 years subject to the decision of the finding of the trial judge. Aggravated assault, the maximum penalty is 14 years.

Positions of Counsel

As I indicated earlier, the positions of both counsel, the Crown and Mr. Abergel for the defence, have made joint submissions that in this case a penalty of life imprisonment with an application for parole after 15 years on count number one, and on count number two, the aggravated assault conviction, a period of incarceration of 10 years concurrent to the second degree murder conviction.

Sentencing Principles

The purposes of sentencing are denunciation, that is to say, general denunciation; specific deterrence, separation of offenders from society; rehabilitation, making reparations and promotion of a sense of responsibility in the offender. The sentence must be proportionate to the gravity of the offence and the moral blameworthiness of the offender.

Analysis

This is a most tragic case. Both counsel have recommended the penalties that I have referred to. The taking of a life is the most serious offence known to our law and to our society. I want to commend counsel for their submissions. This is a difficult case requiring competent counsel to give solid advice, good advice to their respective clients, and I want to commend counsel in this case specifically. A six-week trial requiring the community and the parties, all of the witnesses necessary, and the families to relive these events would have been a very difficult time and would have made this tragic event even more tragic. So I want to repeat that I want to commend both counsel and quite frankly Mr. Decker who gave instructions to his counsel accordingly to enter the plea he did and to make the submissions that he did.

Their submissions, which are in accord with the principles of sentencing which I just referenced, the saving of this upset to the community and the victims is an essential part of this sentencing process. The defendant’s acceptance of responsibility can now start the healing process for all concerned.

REASONS FOR SENTENCE

RAY, J. (Orally):

Sentence

Mr. Decker, would you stand up please sir. Mr. Decker I sentence you on count number one to life imprisonment with no application for parole until 15 years have expired. There are three years of custody up until now so that will be credited towards the period of the 15 years before you can seek parole, and on count number two I impose a penalty of 10 years of incarceration concurrent to count number one.

In addition, I impose a DNA order; a lifetime weapons ban, and also an order prohibiting you from communication with any member of the Blaedow or the Miles family. You may be seated sir.