Court File and Parties
COURT FILE NO.: 13660/14 DATE: 2016-04-12 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN: HER MAJESTY THE QUEEN – and – SHARON AFEDA BAKSH Defendant
Counsel: Jinwon Kim & Michael Malleson, for the Crown Paul Burstein & Anne Marie Morphew, for the Defendant
HEARD: April 6 & 12/ 2016 Justice B. Glass
Sentence for Manslaughter
1On February 8, 2016, Sharon Baksh’s second degree murder trial commenced and continued until April 6th at which time she entered a guilty plea to manslaughter after which the murder trial was declared a mistrial and the Crown withdrew the charge along with another charge on another indictment.
2The parties agreed that the evidence from the murder trial together with the exhibits would apply to the manslaughter sentence hearing. An agreed statement of facts was read into the record and filed as Exhibit 1 to the guilty plea hearing.
Background Facts
3Sharon Baksh lived with her boyfriend, Glenn Gould, at 43 Wayne Avenue in the City of Oshawa. Both were crack cocaine addicts. The Defendant was a heavy consumer of alcoholic beverages as well Zoloft and hydromorphone.
4The Defendant consumed much alcohol, crack cocaine, Zoloft and hydromporhone in the days leading to the death of Aletta Rusnell, who lived across the hall in another apartment. On June 1, 2013, Ms. Baksh broke into the apartment of Ms. Rusnell by cutting a hole in the screen of the ground floor apartment of the deceased. She encountered Ms. Rusnell within the apartment and there was an extensive physical altercation. She had been looking for valuables.
5The Defendant had expected that when she entered the Rusnell apartment, the deceased would be having a bath. She entered the apartment to steal from Ms. Rusnell.
6The entry into the Rusnell apartment was completed by using a knife to cut through the screen.
7Although Ms. Rusnell was 89 years old and the Defendant was 34 years old, it appears that Ms. Rusnell resisted the Defendant with a physical altercation. The apartment was described later as appearing to have been ransacked.
8Earlier in the day, Ms. Baksh had a physical confrontation with Glenn Gould after he refused to give her more money to purchase drugs. She stabbed him 3 times in the arms and side. He left the apartment building and did not return until close to midnight. When Glenn Gould came back to the apartment, Ms. Baksh was not there but the apartment door was unlocked. Shortly after Glenn Gould came home, Sharon Baksh entered the apartment. Glenn Gould told her that he could have charged her for cutting him earlier in the day. She told him that she had killed the neighbour, after which Glenn Gould called 911 to report the incident. The police responded within minutes.
9The police found Ms. Rusnell deceased within her own apartment. She had been stabbed at least 149 times. The fatal wounds were stabs to the heart, lung and abdomen. Many of the stab wounds were shallow in that they were less than 5 centimetres in depth.
10There was no history of animosity between the two women. Earlier in the day, Ms. Baksh had been permitted by Ms. Rusnell to use her land line phone to make calls to the cell phone of Glenn Gould.
Victim Impact Statements
11There were 15 victim impact statements read and filed during this sentence hearing. Some read the statements themselves, some had the Crown Attorney read them and some were read by family members.
12All of the statements expressed the pain and suffering they have endured since their 89-year old mother, grandmother, great grandmother, aunt and friend died. Not one was unemotional as they explained how they have struggled to come to grips with violent loss of a sweet older lady who would not hurt anyone. They ranged from a daughter who had a close friendship with her mother to a police officer nephew who was as stressed as everyone else in the family. Many expressed their feelings of being given a life sentence of grief with the loss of Aletta Rusnell. They recognize that no sentence will return Ms. Rusnell, but they also describe how they feel they are on the short end of the stick with the process of dealing with this case.
13I must say that the composure of all of the victims was very impressive. We cannot imagine what you have endured.
14The biggest plus that all of you have is each other. By pulling together, you help each other rather than isolating yourselves. That form of assistance for each other hopefully will get you over the hurdle. At the same time, you may need and may seek counselling as you progress through life. Blayne Rusnell described the number of days, hours, minutes and seconds that passed between Aletta Rusnell’s death and the start of the trial. Another consideration might be to do a calculation of the number of days, hours, minutes and seconds that you had good memories and times with Aletta Rusnell. J
15We can only wish you a better life as each day passes.
Mitigating Factors
16The guilty plea to manslaughter during the second degree murder trial carries some weight to considering whether the Defendant’s conduct might be seen to alleviate the negative features to her conduct. Basically, Ms. Baksh is an alcohol and drug dependent person. It appears that her substance abuse problems have led to her losing her children in the past. Further, she had lived through a troubled childhood in which her parents had not got along. This upbringing led to Sharon Baksh becoming involved with drugs, alcohol and exotic dancing and prostitution. She lived in a violent domestic relationship with another man in the past as well. This background provides some explanation for her development in life. When one begins life with this type of difficulty, often the baggage destroys the life.
Aggravating Factors
17Although her early years provide an explanation for how she became drug and alcohol dependent, one might say that Sharon Baksh became a self-centred person who has become drug and alcohol dependent and who became violent when she did not get what she wanted. This leaves one with the impression that she only cares about herself.
18She has lost her children to Children's Aid Society in the past. Her drug and alcohol dependency has had a bearing on that development.
19She appears to have a temper as evidenced when she stabbed her boyfriend.
20The offence took place as part of a home invasion. The death of Ms. Rusnell was the end result of a brutal and violent assault upon an 89-year old physically small and frail woman.
Criminal Record for Sharon Baksh
21Her criminal record was filed as Exhibit 2 at the sentence hearing. Possession of stolen property, failing to comply with an undertaking, uttering death threats, failing to comply with a probation order, and possession of cocaine in 2004, 2005 and 2010 are the offences for which she has been found guilty in the past.
General and Specific Deterrence
22Stabbing to death a person of advanced years calls for a significant custodial sentence because the conduct is heinous and should be discouraged.
23Not only must the sentence discourage Ms. Baksh from ever acting in this manner again but also it must encourage others in society to resist such conduct.
Rehabilitation
24Although Ms. Baksh has many negative features to her life, she has in the past attended a psychiatrist in 2004 and she saw a psychologist in 2008. She attempted suicide by jumping off a bridge when in an abusive relationship with another man. She has experienced anxiety and was receiving benefits through ODSP.
25There will be some opportunity to receive assistance while serving her sentence and hopefully this might help with her rehabilitation.
Joint Submission
26Both legal teams have requested that the court impose a custodial sentence of 12 years for manslaughter less credit of 1.5 days for each day in pre-trial and presentence custody so as to reflect the negative features of her conduct, but also to encourage members of Canadian society to avoid such behaviour. Exhibit 19 is a chart outlining the pre-sentence custody. She has been in custody since June 2, 2013 for 2 years, 10 months and 11 days. Being credited at 1.5 days for each day in custody, she will receive credit of 4 years, 3 months and 17 days. That will net a 12-year custodial sentence to 7 years, 8 months and 13 days.
27I accept the joint submission from the two legal teams. It comes with a proper sentence range as has been recognized by the Ontario Court of Appeal in R. v. Devaney, [2006] O.J. No. 3996.
28This sentence follows the application of weeks of evidence tendered during the second degree murder trial, extensive submissions to sentence, a plea inquiry prior to Ms. Baksh pleading guilty to manslaughter and comprehensive Victim Impact Statements.
Conclusion
29A custodial sentence of 7 years, 8 months and 13 days reflects denunciation as well as specific and general deterrence for such conduct and allows for Ms. Baksh to undertake rehabilitative programs while in custody.
30A non-communication order will issue pursuant to section 743.21(1) of the Criminal Code whereby Sharon Baksh will not communicate, directly or indirectly, with any member of the family of Aletta Rusnell, Glenn Gould or Angela Bianco.
31A DNA order pursuant to section 487.051(1) of the Criminal Code will issue because manslaughter is a designated offence.
32A weapons prohibition order for life pursuant to section 109 of the Criminal Code will issue.
33Note: This decision in writing is the official Reasons for Sentence and takes precedence over the oral reasons read into the record in court.
Justice B. Glass Released: April 12, 2016