Superior Court of Justice
HER MAJESTY THE QUEEN
vs.
RICHARD DOWDELL
Reasons for Sentence
DELIVERED BY THE HONOURABLE MADAM JUSTICE M.K. FUERST on August 16, 2016 at BARRIE, Ontario
APPEARANCES:
- S. Curry co-Counsel for the Provincial Crown
- M. Alexander co-Counsel for the Provincial Crown
- C. Fromstein Counsel for Richard Dowdell
Reasons for Sentence
FUERST, J. (Orally):
Richard Dowdell suffered from symptoms of mental disorder, including anxiety and chronic depression, for many years. He and his wife believed that he had bi-polar disorder. He was under the care of a family physician, who prescribed several medications to manage the symptoms of the mental illness. Unfortunately, in the weeks preceding May 30th, 2014, Mr. Dowdell stopped taking the medications as prescribed.
On the morning of May 30th, 2014, Mr. Dowdell murdered Yvonne Brooks in her home.
After having a preliminary hearing, but before setting a trial date, Mr. Dowdell pleaded guilty to second degree murder. He faces a mandatory sentence of life imprisonment. The only matter for me to decide is the period that he must serve before he is eligible for parole.
On behalf of Mr. Dowdell, Ms. Fromstein specifically acknowledged that, having had an opportunity to consider the availability of the defence of not criminally responsible, she was satisfied that it has no application in this case.
The Principles Governing the Parole Ineligibility Determination
Section 745(c) of the Criminal Code provides that on conviction for second degree murder, the offender must be sentenced to life imprisonment, with no eligibility for parole for a fixed period ranging from a minimum of ten to a maximum of 25 years. Section 745.4 specifically empowers the sentencing judge to increase the parole ineligibility period from the minimum of ten years to the period that the judge deems fit, up to the maximum of 25 years.
In exercising his or her discretion under section 745.4, the sentencing judge must have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation of the jury, if any. As Mr. Dowdell pleaded guilty, there is no jury recommendation to be considered in this case.
As a general rule, the period of parole ineligibility shall be for ten years, but this can be ousted by the sentencing judge's determination that, according to the criteria set out in section 745.4, the offender should wait a longer period before having his suitability for release assessed. The determination of the parole ineligibility period is "a very fact-sensitive process": see R. v. Shropshire, [1995] 4 S.C.R. 227, at paragraph 18. The sliding scale of parole ineligibility reflects the fact that “within second degree murder there is both a range of seriousness and varying degrees of moral culpability", Shropshire, at paragraph 31.
An increased parole ineligibility period does not require unusual circumstances: see Shropshire, at paragraphs 26 to 27.
In R. v. McKnight (1999), 135 C.C.C. (3d) 41 (Ont. C.A.), the court held that in assessing the s. 745.4 criteria and in deciding whether to increase the period of parole ineligibility, all of the objectives of sentencing are relevant.
Those objectives, as set out in s. 718 as it was worded at the time of this offence, are denunciation of unlawful conduct, deterrence both general and specific, the separation of offenders from society where necessary, rehabilitation, reparation for harm done to the victim or to the community, and promotion of a sense of responsibility in offenders and acknowledgement of the harm done to victims and to the community.
The court, however, observed in McKnight that the statutory ten year minimum ineligibility period limits the weight that can be accorded to the offender's prospects of rehabilitation.
Regardless of the period of parole ineligibility imposed, the sentence remains one of life imprisonment. The sentencing judge does not decide when the offender should be paroled, but merely the period he must serve before parole can even be considered: see R. v. Trudeau (1987), 24 O.A.C. 376 (C.A.)
The Nature of the Offence and the Circumstances Surrounding Its Commission
Yvonne Brooks, an 81 year old widow, lived alone in an Adult Lifestyle, or retirement, mobile home park, near Lake Simcoe. Although he was only 54 years old, Richard Dowdell lived in the same community, with his wife. He did lawn maintenance for many local residents. At the time of her death, Mrs. Brooks had been his customer for about one month.
In the weeks leading up to May 30th, 2014, Mr. Dowdell exhibited bizarre behaviour that caused other residents to be concerned about his mental well-being. He was preoccupied with religiosity. He told people that he had a religious experience in March, and had been saved by God.
On the morning of May 30th, Mr. Dowdell went into a neighbour's home, uninvited. He seemed very agitated, confused and frightened. He told the neighbour that "God told him he had to kill an evil woman in the park...a customer". After he left his neighbour's home, he spoke to another resident and asked if they could have a talk later that day. She described him as looking blank, unlike he had ever appeared before.
Just before noon, Mr. Dowdell went to Mrs. Brooks' home. She was outside gardening. He asked her for a glass of water. She invited him into her home, and he followed her inside.
Once inside the home, Mr. Dowdell grabbed Mrs. Brooks by the throat and pushed her to the ground. While over top of her, he strangled her, preventing her from breathing. He later said that although he continued to strangle her, she would not die. He picked up a decorative rock that was inside the home, and repeatedly struck her over the head with it, until she stopped "gurgling".
Once Mrs. Brooks was dead, Mr. Dowdell wiped his hands with a towel and sat down on a chair. At about 12:00 noon he called 911, and told the call-taker that he had "murdered somebody...killed a woman...with a rock". He said that he did not know the woman's name. He asked the call-taker to send the police and said that he would wait for them.
Two police officers arrived at the home minutes later. They found Mr. Dowdell sitting in a chair in the living room, with a towel in his hands. He pointed out where Mrs. Brooks' body was laying, on the other side of the dining room table. The officers asked him what happened. He said, "I murdered her". The officers arrested him for murder. Mr. Dowdell said, "I'm tired, I'm tired, the will is done Father, I will go to jail, my task is done". When the officers escorted him to a cruiser, Mr. Dowdell fell to his knees, sobbing.
While he was held in an interview room at the station, Mr. Dowdell spoke to himself, both before and after consulting with a duty counsel. His comments included, "I've done a great wrong and I'm truly sorry"; "I have no idea why I did it...she never did nothing to me"; "It saddens me so much that I killed...I took someone's life"; "I don't need a lawyer...I'm guilty that's all there is to it. I done the crime, I have to pay"; "Forgive me God. Don't send me to hell. Forgive me of my sin".
Mr. Dowdell provided an inculpatory statement to the police. He recounted smoking some hashish at some point that morning, going to a local restaurant for coffee, buying cigarettes and a lottery ticket at the grocery store, returning home and talking to his wife for awhile, and going to the neighbour's house and talking about the Bible. He said that he then went to Mrs. Brooks’ home. He described the events at her home in these words:
I talked to her outside, we went around back. I asked her for some water. She then went in the house, I came in with her. And then I attacked her, I killed her. I don't know why. I just grabbed her by the throat and started choking her. I just had to kill her, I don’t know why.
And I couldn't kill her, she was suffering, so I took a rock and I beated her over the head...She wasn’t fighting back...she was weak...it took me about five minutes to kill her...and then I called police after I caught my breath, maybe two minutes after that.
Mr. Dowdell appeared in court by videolink the next day. He fell to his knees while speaking to the court and said, "I'm guilty, I'm ready for my punishment".
The police re-interviewed Mr. Dowdell on July 3, 2014. He told them:
[W]e went into the house...as soon as she turned to me and looked at me, uh, my hands just went around her throat, and I don't know why...All as I know is I had to kill her...She didn't say or do nothing, I strangled her, she went to the floor and I kept strangling her. I thought she was dead. And then I seen her suffering, I seen her cough a bit and then I saw a rock and then I hit her on the head with it. Cuz I didn't want her to suffer. I didn't want her to suffer and I didn't think I could help her.”
A post mortem examination determined that the cause of death was "severe head injury with signs of neck pressure". The pathologist reported that Mrs. Brooks died from head trauma. The signs of neck pressure were an associated symptom and did not cause death.
Mr. Dowdell has been in custody continuously since his arrest on May 30th, 2014.
The Victim Impact Information
Nine Victim Impact Statements were provided, by Mrs. Brooks' children, grandchildren, and sister. They paint a portrait of a woman who was still active, who enjoyed living independently in her own home, and who was a good and caring neighbour. Her relationships with her family members were strong and loving. She is described as the "heart and soul", and the "guiding light" of a family that included five children, six grandchildren, and two great-grandchildren. As the result of her murder, annual family reunions planned around her birthday, and Christmas Eve luncheons have stopped. It is too painful for her family to experience these occasions without her. Her murder fractured the family left behind.
The Character of Mr. Dowdell
Information about Mr. Dowdell, including his history of mental health problems, was provided in a comprehensive report prepared by a forensic psychiatrist, Dr. Helen Ward. Dr. Ward conducted a forensic psychiatric evaluation of Mr. Dowdell.
Mr. Dowdell is now 56 years old. Both his parents were alcoholics. An older brother committed suicide.
Mr. Dowdell did not do well in school, and had trouble reading. He left high school when he was almost 16 years old and began working for his father, who was a truck driver for an oil company. Mr. Dowdell worked at a variety of jobs over the years, including as a painter and a groundskeeper. He went on long-term disability in 2007 and stopped working. He supplemented his disability pension income by cutting lawns for other residents of the mobile home park.
Mr. Dowdell began drinking alcohol when he was 16. He soon became a daily drinker. He also smoked cannabis regularly. He completed substance abuse programs in 1988 and 1994-1995. He quit both alcohol and cannabis in 1994, but returned to cannabis use within a few years. He was a daily cannabis or hashish smoker, from 1996 until his arrest for Mrs. Brooks' murder.
Mr. Dowdell married in 1984. He and his wife have two children, who are now adults. His relationship with his children and his wife appears to have been troubled, and involved incidents of violence on his part.
Mr. Dowdell was diagnosed as having depression in 1983. Over the years, he sought out treatment by medication or counselling, but his depression and anxiety did not respond well to antidepressant medications. There were a number of suicide attempts. At various points, he was diagnosed by psychiatrists as having forms of depression and personality problems.
From 2000 onward, Mr. Dowdell was prescribed various antidepressant medications by his family physician. As of 2009, this was augmented by low dose antipsychotic medications.
Mr. Dowdell has a criminal record for common assault and fail to remain at the scene of an accident in 1981; public mischief in 1982; and possession of a prohibited weapon in 1989.
Mr. Dowdell told Dr. Ward that beginning in 2013, he started praying all the time. In March 2014, an Angel told him that his sins were forgiven and he was "sealed as a child of God forever". The Angel's voice continued to speak to him. A few months after his arrest, he told a psychiatrist that the Devil was talking to him.
Since his arrest, Mr. Dowdell has been prescribed a combination of medications that have addressed problems with mood instability, hallucinations, and concentration. He does not currently experience hallucinations. But, he told Dr. Ward that he believes his religious experiences and hallucinations were the work of God and the Devil, and that God could make him hear the voices again.
Dr. Ward noted that Mr. Dowdell's statements to others before the murder, his post-offence behaviour, and his utterances to the police indicate that he was likely experiencing psychosis. She concluded that the most likely explanation is that at the time of the murder, Mr. Dowdell suffered from a Bipolar disorder, and exhibited psychosis as part of a manic episode. A second possibility is that all of the psychosis was drug-induced. A third, but least likely possibility, is that the psychotic symptomology was all feigned.
Dr. Ward said that Mr. Dowdell does not meet the criteria for any personality disorder, but he does have Antisocial Personality Traits. He meets the criteria for Alcohol Use Disorder, in sustained remission, and for Cannabis Use Disorder, currently in remission in a controlled environment.
Dr. Ward scored Mr. Dowdell on standard risk assessment instruments. They indicated that he is at a low to moderate risk of reoffending. A risk management plan should involve treatment with stimulant and antipsychotic medication, institutional programming for anger management and self-regulation techniques, domestic violence treatment, and substance abuse treatment. He should remain in psychiatric treatment indefinitely, and be carefully monitored for residual psychotic beliefs.
In court, Mr. Dowdell expressed to the family of Mrs. Brooks that he is terribly sorry for what he did.
The Positions of the Parties
On behalf of the Crown, Ms. Alexander and Ms. Curry submit that a parole ineligibility period of 14 years would not be out of line, but acknowledge that one of 12 years is also fit and reasonable. They also seek a DNA order and a s. 109 order. They emphasize that Mrs. Brooks was killed in her own home, and in circumstances where she did nothing to invite the violence perpetrated against her. She did not stand much of a chance against Mr. Dowdell. She would have suffered from her injuries. They acknowledge that Mr. Dowdell's guilty plea was significant, and that his mental health challenges cannot be ignored, although his anger and substance abuse issues are a concern.
On behalf of Mr. Dowdell, Ms. Fromstein submits that a parole ineligibility period of 12 years is appropriate. She acknowledges the tragedy for which he is responsible. She emphasizes, however, that Mr. Dowdell contacted the police and made admissions of guilt immediately after the offence. He also expressed remorse from the start, and pleaded guilty. His background is a difficult one, marked by depression, substance abuse, and suicide attempts. His previous criminal offence is minor and dated. He was in a deteriorated mental state at the time of the murder. According to Dr. Ward, he likely suffered from Bipolar disorder and experienced psychosis. He is at a low to moderate risk of re-offence, and Dr. Ward identified a risk management plan.
Analysis
All murders carry, by definition, a high degree of moral blameworthiness. This murder bears striking aggravating features. Mrs. Brooks, although still living independently, was, in light of her age, a vulnerable victim. She lost her life in her own home, in a quiet residential community, a place where she should have been safe from harm. She did nothing to prompt the violence Mr. Dowdell perpetrated against her. To the contrary, she was engaging in an act of kindness at the time, offering him the glass of water he requested from her.
Although Mr. Dowdell was not a close friend or relative, clearly Mrs. Brooks trusted him sufficiently to have him around her home. The fact that she had no defensive wounds indicates that she neither expected his attack on her, nor had the ability to ward him off. The assault was brutal, and carried out with a measure of deliberation on Mr. Dowdell's part.
The fact and circumstances of her murder have had a profound and lasting impact on those closest to Mrs. Brooks.
It is also aggravating that Mr. Dowdell's personal circumstances are far from blemish-free. He is not a first offender, although his criminal record is dated and relatively minor in nature. Dr. Ward identified a long-standing history of violent behaviour on his part, including toward family members. Mr. Dowdell was able to address his alcohol addiction, but appears to have replaced it with a cannabis addiction. Dr. Ward suggested that the cannabis addiction may have contributed to his inability to regulate his mood over the years and may have triggered or maintained psychosis. It is concerning that Mr. Dowdell lacks insight into the negative effects of his cannabis use.
In mitigation, Mr. Dowdell pleaded guilty, which is a sign of remorse and willingness to take responsibility for his actions. His guilty plea spared Mrs. Brooks' family the emotional agony of a trial, and avoided the need to call residents of the community to testify in court. Equally important, he expressed remorse from the outset. He contacted the police immediately after the events, and waited at Mrs. Brooks' home for their arrival. He readily admitted to the police that he murdered Mrs. Brooks, and recounted his actions. In his various statements, he also acknowledged the harm he caused to Mrs. Brooks' family, as he did in court.
I also take into account the evidence that Mr. Dowdell has suffered from persistent mental illness for many years, for which he sought professional help, and that he was in a disturbed mental state leading up to and at the time of the murder. This is an important mitigating factor. I accept Dr. Ward's diagnoses. I also accept her opinion that Mr. Dowdell is at a low to moderate risk of reoffending, and that his level of risk can be managed by a plan that includes medication, treatment programs, and psychiatric monitoring.
I have considered the character of Mr. Dowdell, and the nature of the offence and the circumstances surrounding its commission. The principles of denunciation and deterrence, both general and specific, also are relevant considerations. The aggravating features to which I have referred reflect the seriousness of Mr. Dowdell's offence, and warrant an increase in parole ineligibility beyond the minimum 10 years. An ineligibility period of 14 years would not, however, give adequate weight to his deteriorated mental state at the time of the offence.
Conclusion
Mr. Dowdell, please stand. I sentence you to life imprisonment without parole eligibility for 12 years.
I order you to provide bodily fluid samples for DNA analysis.
I impose a weapons prohibition order under s. 109(2)(a) for ten years and s. 109(2)(b) for life.
While you are in custody, you will have no contact, direct or indirect, with the named members of Mrs. Brooks' family.
The warrant of committal will be endorsed to reflect that Mr. Dowdell's life sentence began to run on the date of his arrest, May 30th, 2014.
You may be seated.
Certificate of Transcript
FORM 2 CERTIFICATE OF TRANSCRIPT (SUBSECTION 5 (2)) Evidence Act
I, Carolyn Hill, certify that this document is a true and accurate transcript of the recording of R. vs. Richard Dowdell in the Superior Court of Justice held at 75 Mulcaster Street, Barrie, ON taken from Recording No. 3811-02-20160816-084950_20_FUERSTM, which has been certified in Form 1.
September 28, 2016 (Signature of authorized person(s)) Carolyn Hill
Table of Contents
Reasons for Sentence
FUERST, J. 1 Transcript Ordered.......................... August 17, 2016 Transcript Completed........................ August 23, 2016 Judicial Approval Received............... September 28, 2016 Ordering Party Notified.................. September 28, 2016