Court File and Parties
COURT FILE NO.: 19-09 DATE: 20190723 ONTARIO SUPERIOR COURT OF JUSTICE
INFORMATION CONTAINED HEREIN CANNOT BE PUBLISHED, BROADCAST OR TRANSMITTED PURSUANT TO SECTION 517 OF THE CRIMINAL CODE OF CANADA BY ORDER OF MADAM JUSTICE LAFRANCE-CARDINAL DATED MARCH 8, 2019
BETWEEN: HER MAJESTY THE QUEEN – and – Kaitlyn Gougoula Defendant
COUNSEL: Jason Pilon, counsel for the Crown Paul Lewandowski, counsel for the Defendant
HEARD: July 11, 2019
Reasons for Sentence
Cardinal, J.
1On July 11th, 2019, Kaitlyn plead guilty to conspiracy to commit murder under s. 465 (1) (a) of the Criminal Code; 2) attempt to render the victim insensible by choking under s. 264 (a), both punishable by a maximum sentence of life imprisonment; 3) aggravated assault under s. 268; 4) forcible confinement under s. 279(2); 5) 3 breaches of probation under the Youth Criminal Justice Act, (2 breaches of failing to keep the peace and being of good behavior and one breach of possession of a weapon).
2The facts are admitted. They form part of an updated Crown Brief Synopsis that was filed as Exhibit #1 in the Sentencing hearing. The facts can be summarized as follows:
Shawna Chartrand, the complainant who called police, describes the scene on Guy Street where she attended to buy drugs. The place was a mess, there was a man duct-taped in the corner of the kitchen under the window and he was bleeding. Kaitlyn was using a blow torch, torching the knife first and then burning the victim or cutting him on his leg or arm. She witnessed the co-accused Thompson kick the complainant in the head, choke him out, at one point he was using a thin piece of metal to continue the assault. This complainant was able to leave the scene on the pretense that she was going to get money to pay for her drugs as she was threatened that the same thing would happen to her if she failed to pay her drug debts.
The victim, Shawn Theobald-Lewertoff gave two statements to police trying to recount what happened on the evening of January 7, 2019 at 314 Guy Street Cornwall. One statement was given at the hospital the same night he was tortured. The second statement was taken on January 10, 2019 at the police station upon his release from the hospital. His testimony would be that he was looking for cannabis and Jordan Thompson called him and advised him that he had some. On Guy Street, he was met by the co-accused Thompson. When he entered the apartment, Kaitlyn jumped out, confronted him about stealing her gold ring and accused him of being a police informant for the police in Montreal. She would have closed the door to the apartment shut, preventing him from leaving.
He indicates that Kaitlyn is the one who tied his hands with duct tape, he tried to untie himself and the co-accused Thompson assisted Kaitlyn in taping him. He had duct tape all over his head including his eyes and mouth, he was able to breathe through his nostrils. Kaitlyn took his pants off, they took his shoes off, took his hat and his book bag.
Before they covered his eyes, someone showed him a dirty needle with a little bit of blood and liquid in it. They poked him with that needle on the bottom of his feet and his thighs. Through the tape shifting, he was able to see Kaitlyn poke him with the needle and cut him with the knife. He was hit over the head by the co-accused with a glass bottle, a bottle of Captain Morgan that shattered. If he moved too much Kaitlyn would kick him in the head, the ribs or the back.
During this torture, Kaitlyn was talking about making calls to the Irish in Montreal for them to come pick him up. She wanted to do it right, she wanted to collect on the bounty. She video-chatted with a guy named Tony Santana during the middle of the ordeal, he was encouraging them to continue hitting him over the head, accusing him of being a rat, telling the accused that they couldn’t let him go as he would rat them out. Tony was trying to get a ride, but never made it.
The complainant had the firm belief that he was going to die. They were planning his death, planning on how and where they were going to dispose of his body.
3The forensic evidence confirmed that a print of Kaitlyn’s thumb was found on the canister of the propane torch.
Injuries of the complainant
4Exhibit #2 contains the Crown’s book of photos.
5The photographs of the injuries taken at the hospital and during the second interview at the police station show a countless number of burns, cuts, stab wounds, puncture marks all over the victim’s body. The burn marks seem to be concentrated on his lower legs. There are lacerations over the head, where the bottle was shattered. There is a gash between his eyes consistent with being hit with a metal rod. There are cuts at the bottom of his back caused by either being cut or laying over broken glass. There are cuts on his hands as a consequence of being slashed with the knife when he was trying to untie himself. There are many puncture marks on his body and on the sole of his feet consistent with being stabbed by a needle.
Position of the Crown and Defence
6Both counsel are asking the Court to consider a joint global position of 71 months minus time served, apportioned between the counts, with ancillary orders. I have two experienced legal counsel, with many years of experience and I see no reason why I would deviate from the sentence proposed.
[7] The Victim Impact Statement of Shawn Theobald-Lewertoff.
- Since the events of January 7, 2019 the victim has moved and is no longer living in this area.
- He suffers from depression and PTSD - which puts a strain on his relationships and his ability to engage.
- He bears the scars from the attacks, he has scars on his forehead, hand, back, lower abdomen, scalp, bottom of both feet and multiple scars on his left leg below the knee all caused by being hit with metal objects, being burned by the blade of knives, by having a bottle broken over his head, by punctures from a needle.
- He needs to take anti-viral medication and needs up dated testing from being pricked by a dirty needle contaminated by blood.
- He is not covered by any insurance other than OHIP and he does not know the cost of counselling to assist with his mental health issues.
8There is no doubt this gentleman will suffer the ramifications of this vicious assault for many years to come, the worse scars being those we cannot see.
The Aggravating Factors
[9] The aggravating factors can be summarized as follows; a) Kaitlyn was on 2 separate probation orders at the time she committed these offences. b) These crimes were committed while Kaitlyn was high on drugs. c) The victim was rendered vulnerable by the actions of Kaitlyn who then proceeded to martyr him d) It was a group/mob mentality. Kaitlyn’s criminal record and pre-sentence reports filed as Exhibit #6 attests to Kaitlyn performing for an audience when she commits crimes.
The Mitigating factors
[10] a) The most important factor is that it is a very early plea of guilt. There has been no preliminary hearing. The victim has never had to testify. Kaitlyn is expressing remorse. b) She is very young person. She has great chances of being rehabilitated and of becoming a law abiding citizen. c) Kaitlyn has good family support. She is surrounded by people who love her. Her mother, her dad, her grandparents, other family members have attended each and every court appearance for her to know that they are not abandoning her, that she may have made serious mistakes in her young life but that they still believe in her.
The Circumstances of the Accused
11Kaitlyn is a young adult who goes by the surname of Lauzon or Gougoula, one being her father’s surname, the other belonging to her mother. She was born on September 16, 1999. She is presently 19 years of age.
12She has not completed her high school. She is 7 or 8 credits short of obtaining her diploma. She dreams of being a cook or baker or working with children. She has a lot of potential but she is haunted by too many demons to even attempt to realize any of her dreams. She has been diagnosed with a borderline personality disorder, her moods fluctuate and she attaches to people easily. She was medicated for this disorder, however she tried to commit suicide by ingesting all of the pills. Once she wanted to take them again, she no longer had a prescription and has only been re-medicated since she is in custody.
13She suffers from low self-esteem which makes her gravitate to questionable friends, most that are more broken than her, in order to make herself appear better. She admits that she rarely thinks of the consequences of her actions, she just does it. This is confirmed by Lynne White, her youth probation officer in her last pre-sentence report dated January 29, 2018 when Kaitlyn was 18. She states:
“Kaitlyn has been counselled numerous times on the effect her impulsive risky behaviour will have on her current and future life. She does not appear to think about the consequences her behaviour has on her mother and her young sibling. Kaitlyn openly admits to not being afraid of anyone or anything, which certainly is a cause for concern.”
14Her principal at St. Matthew and her probation officer both confirm that she has leadership qualities, Kaitlyn has a lot of potential but unfortunately, she has been demonstrating her leadership skills in pursuing a life of crime.
15Kaitlyn has many demons which she subdues with drugs. In her first pre-sentence report in March of 2017 when Kaitlyn was 17, she admits that she used speed, ecstasy, MDHD, cannabis, Xanax, cocaine and alcohol. During the bail hearing, she admitted that she is still an addict, her drug of choice was crack cocaine. She has not yet graduated to needles, but she admits she is always looking for a better high.
16Kaitlyn has turned to prostitution in order to finance her addictions. She has had 4 pimps, too many John’s to count, a pregnancy that was aborted. She states that she drugs herself until she does not care and then she is able to work as an escort. She has a new boyfriend that has attended these court proceedings.
17Kaitlyn has a youth record and an adult criminal record. There are three sets of convictions but six offence dates. For the first set of charges at the age of 17, she was sentenced to 3 months deferred custody and supervision with probation. Such a serious sentence for a first youth offender is rare. There are 8 fail to comply and 3 assault convictions, she has breached every time she has been released with escalating violence.
[18] What is clear is that Kaitlyn demonstrates the following traits: a) she has leadership skills, she has a sense of humour, she is very caring of her little brother, about her family, she hates to disappoint. All of these traits are exhibited when she is not on drugs; b) she is very impulsive, she does not think of consequences or of repercussions, she does things and she cannot explain why; c) she has a serious, serious addiction to hard drugs. When she is released from serving a sentence she can do well for a short period of time but the lure of the drugs is too strong. She relapses. She breaches. She absconds. Her youth probation officer had organized a 6-month rehab program in an in-house facility in Kitchener. It was supposed to commence in December 2018, but Kaitlyn asked to go only in January 2019 so she could see her little brother open his Christmas gifts. Meanwhile, she was using hard drugs every day until the offence before us which was committed on January 7th, 2019. What is sad is that Kaitlyn’s life could have unraveled quite differently had she decided to go to rehab in December rather than wait for the new year. d) she is a very angry young woman, she cannot manage that anger. It does not take much for her to lose control, a Facebook posting, name calling, postering, she gets angry and she hurts people. e) She always commits her crimes when there is an audience. She performs for the audience. It is a component of her leadership skills, as she testified. “People join me. I am not joining them” f) She gets bored when she has too much time on her hands. She gets bored with her pro-social friends, she cannot maintain those friendships
Sentencing Principles
19In serious crimes such as this one denunciation, specific and general deterrence are at the forefront of any sentencing principles.
20Having regards to the case law provided by Crown counsel, I concur that the sentence proposed is within the range. The Book of Authorities filed attests that the sentence proposed is both a high sentence and a low sentence but is a fair sentence.
21In imposing the sentence proposed, I take into consideration the seriousness of the offense, the gratuitous violence, the impact the crime had on the victim, the age of the offender and her chances of rehabilitation. The sentence is fair in the circumstances, it is one that permits Kaitlyn to see light at the end of the tunnel.
The Sentence
22Kaitlyn I sentence you as follows:
[23] a) On count #3, conspiring to commit murder under s.465 of the Criminal Code, I sentence you to 57 months from today’s date plus the 11 months already served of pre-trial custody. b) There will be a s.109 weapon prohibition for life, considering this is your second weapon prohibition having received one for 2 years as a youth. c) There will be a DNA order on the primary grounds. d) There will be a non-communication order while you are in jail under s.743.21 with Jordan Thompson, Shawna Chartrand, Shawn Theobald-Lewertoff, Jessica Lemieux, Fabio Ranieri, Bobbie Sylvester, Toshina Hill, Daniel Roach, Ryan Royer and Michael Paré. e) There will be a forfeiture order of all weapons seized.
24On Count #1 the aggravated assault under s. 268 of the Criminal Code and Count #2 the forcible confinement under s. 279(2) of the Criminal Code it will be the same sentence concurrent and the same ancillary orders.
25On Count #5, on rendering the victim insensible by choking under s. 246 of the Criminal Code there will be a 12 month concurrent sentence and the same ancillary orders.
26On the breach of probation as a youth, possessing a weapon contrary to s.137 of the Youth Criminal Justice Act there will be a 3 months consecutive jail sentence.
27On the other two breaches of probation of failing to keep the peace and be of good behavior under s.137 of the Youth Criminal Justice Act there will be 3 months concurrent on each.
28I assume the other counts are marked withdrawn.
The Honourable Justice Johanne Lafrance-Cardinal
Released: July 23, 2019
