R. v S.P., 2017 ONSC 1861
Court File and Parties
Indictment No.: CR-16-723 Court: SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
S.P.
Before: THE HONOURABLE JUSTICE M. FUERST On: March 1, 2017, at NEWMARKET, Ontario
By court order made under subsection 486.4(1) of the Criminal Code, information that may identify the complainant may not be published, broadcasted, or transmitted in any manner.
Appearances: J. Halajian, Counsel for the Crown I. Donnell, Counsel for S.P.
Reasons for Sentence (Orally)
WEDNESDAY, MARCH 1, 2017
FUERST, J. (Orally):
In 1982, when she was 13 years old, L.C. came to Canada to live with her aunt and uncle. They had children of their own, including S.P.. The P.s adopted Ms. L.C. and she always referred to them as “Mom” and “Dad”.
S.P. stood in the position of an older brother to her. He was about 14 years older than she, and an adult when she joined the family.
Eventually, Ms. L.C. moved out of the home, but she continued to have contact with Mr. S.P.. On an occasion in September 2014, Ms. L.C. stayed overnight at Mr. S.P.’s home. The two of them drank alcohol. Ms. L.C. blacked out. She came to to find that Mr. S.P. was touching her vagina and licking her breasts. She felt pain in her vaginal area. She went to the police and the hospital for examination. Mr. P.’s DNA was identified on her nipples.
Ms. L.C. is now married. She and her husband have two daughters. She provided a Victim Impact Statement in which she describes suffering from post-traumatic stress disorder that involves, among other things, nightmares and feelings of insecurity.
I note that the Victim Impact Statement refers to other acts of unwanted touching by Mr. S.P.. He specifically denied that conduct at the time of his guilty plea, and so I must, as a matter of law, disregard the reference to that conduct in the Victim Impact Statement for the purposes of sentencing.
Mr. S.P. is now 62 years old. He is before me as a first offender. I’m told that he has employment to which he will return once his sentence for this offence is completed.
The primary principles of sentencing for this offence are denunciation, deterrence both general and specific, and also rehabilitation.
The familial relationship between Ms. L.C. and Mr. S.P. is a significant aggravating factor. Although both were adults at the time of the offence, Mr. S.P.’s conduct involved a breach of trust. I also take into account the traumatic effect that his conduct has had on Ms. L.C..
In mitigation, he is before me as a first offender. Further, he has pleaded guilty, which is a sign of remorse and willingness to take responsibility for his offence.
In all of the circumstances, I accept the joint submission put to me by Crown and defence counsel.
Mr. S.P., would you please stand. I sentence you to six months in jail, followed by two years of probation. The terms of probation are the statutory conditions plus the following. One, report within 48 hours of your release and thereafter as required to a probation officer. Two, take such counselling as the probation officer recommends and not stop it without the prior written consent of the probation officer. Three, sign releases of information between your counsellor and your probation officer so that your progress can be monitored. Four, have no contact direct or indirect with L.C., M.C.2, M.C.1 or R.C.. Five, not to be within 500 metres of the known place of residence, employment or education of any of them or any other place you know them to be.
There is a DNA Order, and a SOIRA Order for 20 years. I impose a section 109 weapons prohibition Order for 10 years under section 109(2)(a) and life under section 109(2)(b) of the Criminal Code. While you are in custody, there is a section 743.21 Order in place prohibiting you from having any contact direct or indirect with L.C., M.C.2, M.C.1 or R.C..
Do you understand all of that, sir?
S.P.: Yes, Your Worship [sic].
THE COURT: Thank you. You can be seated.
S.P.: Your Honour.
THE COURT: It’s all right. You can be seated.
MS. HALAJIAN: Thank you, Your Honour.
THE COURT: Ms. Halajian?
MS. HALAJIAN: If the remaining counts on the indictment could be marked withdrawn at the request of the Crown, please.
THE COURT: All right. And is there anything that needs to be qualified or clarified?
MS. HALAJIAN: No.
THE COURT: Mr. Donnell?
MR. DONNELL: No, thank you.
THE COURT: I have endorsed on the indictment that the sentencing hearing was held today. Mr. S.P. is sentenced to six months in jail, followed by two years of probation on conditions read into the record. There is a DNA Order, and a SOIRA Order for 20 years, a section 109(2)(a) Order for 10 years and a section 109(2)(b) Order for life. There is a section 743.21 Order in respect of L.C. and the other named persons while Mr. S.P. is in custody. All other counts are withdrawn at the request of the Crown. All right?
MR. DONNELL: Thank you, Your Honour.
MS. HALAJIAN: Thank you, Your Honour. And thank you for accommodating us before your proceedings this morning.
THE COURT: Thank you. So, there is some paperwork and we will do that between now and ten o’clock. All right. So, it’s done before I start the trial.
CLERK REGISTRAR: All right. Thank you.
THE COURT: So, I will just be in my Chambers. When the paperwork is ready, you can bring it to me. Otherwise, we’ll resume at ten o’clock.
CLERK REGISTRAR: Thank you.
THE COURT: Thank you.
CLERK REIGSTRAR: Order, all rise. Court is now in recess until ten o’clock.
Certificate of Transcript
FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2)) Evidence Act
I, Tze Shan Yip, certify that this document is a true and accurate transcript of the recording of R. v. S.P. in the Superior Court of Justice held at 50 Eagle Street West, NEWMARKET taken from Record 4911_401_20170301_075924__30_FUERSTM.dcr, which has been certified in Form 1.
(Date) Signature of Authorized Person
* This certification does not apply to the Reasons for Sentence which were judicially edited.
Legend
[sic] – indicates preceding word has been reproduced verbatim and is not a transcription error.
Transcript Ordered: March 3, 2017
Transcript Completed: March 3, 2017
Ordering Party Notified: March 3, 2017