Superior Court of Justice
HER MAJESTY THE QUEEN
vs.
ERIK JOHNSON
Reasons for Sentence
DELIVERED BY THE HONOURABLE MADAM JUSTICE M.K. FUERST on April 15, 2016 at BARRIE, Ontario
APPEARANCES:
L. Shirreffs Counsel for the Provincial Crown E. Ehlers Counsel for Mr. Johnson
Table of Contents
R E A S O N S F O R S E N T E N C E
Reasons for Sentence Page
FUERST, J. 1
Transcript Ordered........................... April 15, 2016 Transcript Completed........................... May 12, 2016 Judicial Approval Received..................... May 10, 2016 Ordering Party Notified........................ May 12, 2016
Reasons for Sentence
FUERST, J. (Orally):
This offence was obviously an extremely serious one. It caused significant injuries to the victim. Indeed, those injuries were described as life-threatening. Fortunately, the victim has made a full recovery. On some level, he appears to take the position that Mr. Johnson has already paid a sufficient price for his crime. Although requested to provide a Victim Impact Statement, he has declined to do so.
Mr. Johnson has a long criminal record that includes previous acts of violence. This is not only concerning, in determining the appropriate sentence for him it is an aggravating factor that I must take into account. Clearly Mr. Johnson has a problem with self-control and anger. These are issues for which professional treatment would be appropriate.
In mitigation, Mr. Johnson pleaded guilty in the face of very triable issues. His guilty plea is a sign of remorse and acceptance of responsibility for his actions. He has expressed remorse today in open court. It is also mitigating that he has tried to come to grips with a substance abuse problem. This is another area that would benefit from professional assistance. To his credit, Mr. Johnson has expressed today his own desire to have treatment for his problems.
In all of the circumstances of the offence and of Mr. Johnson, I agree with counsel that a high-end reformatory sentence is appropriate.
Mr. Johnson, would you please stand?
I sentence you to 19 months in jail, less credit for the equivalent of 12 months of pre-sentencing custody, leaving a sentence to be served of seven months in jail. I recommend that you serve that sentence at the St. Lawrence correctional facility, so that you have the opportunity to obtain some treatment.
The jail sentence will be followed by a period of probation of 18 months.
The terms of probation are the statutory terms. In addition:
You will report immediately upon your release from jail to a probation officer and thereafter as required.
You will attend for such assessment and counseling as the probation officer recommends and not stop it without the prior written permission of the probation officer.
You will sign releases of information between any counselor and your probation officer, so that they can monitor your progress in treatment.
You will have no contact, directly or indirectly, with Erik Alexander McCue.
I also make an order that you provide samples of bodily fluids for the purpose of DNA testing.
I make a weapons prohibition order under s. 109(2) (a) of the Criminal Code for ten years and s. 109(2) (b) for life.
During the period that you are in custody, there is a specific non-communication order in force, in regard to Erik Alexander McCue. Do you understand all of that Mr. Johnson?
FORM 2 CERTIFICATE OF TRANSCRIPT (SUBSECTION 5 (2)) Evidence Act
I, Carolyn Hill, certify that (Please print name of authorized person(s)) this document is a true and accurate transcript of the recording of R. vs. Erik JOHNSON in the Superior Court of Justice (Case name) (Name of Court) held at 75 Mulcaster Street, Barrie, ON taken from Recording No. (Court address) 3811-01-20160415-091453_10_FUERSTM, which has been certified in Form 1. May 12, 2016 (Date) (Signature of authorized person(s)) Carolyn Hill