Court File No. 18-0141
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
DESHAWN ROGERS
R E A S O N S F O R S E N T E N C E
BEFORE THE HONOURABLE JUSTICE M. FUERST
On August 7, 2019 at BARRIE, Ontario
APPEARANCES:
L. Shirreffs
Counsel for the Crown
J. Yuen
Counsel for Deshawn Rogers
SUPERIOR COURT OF JUSTICE
TABLE OF CONTENTS
Reasons for Sentence Page 1
Transcript Ordered: August 15, 2019
Transcript Completed: September 12, 2019
Ordering Party Notified: September 12, 2019
WEDNESDAY, AUGUST 7, 2019
REASONS FOR SENTENCE
FUERST, J. (Orally):
Mr. Rogers and his co-accused committed a very serious robbery, in which a man was robbed of his truck while sitting in it in his own driveway outside his home. This occurred at gunpoint in the middle of the day. A handgun was produced by Mr. Rogers, who then pointed it at the driver’s side door of the truck, behind which the victim was seated.
Although no victim impact statement was provided, any reasonable person can appreciate how frightening this would have been for the victim, in particular, and also for his family and the community.
It is particularly aggravating that when Mr. Rogers and his co-accused were stopped in the truck by the police just minutes later and Mr. Rogers was found in possession of a 32-calibre revolver, the gun was loaded.
On a regular basis, there are shootings in Toronto and the Greater Toronto Area. The penchant for some members of the community to arm themselves with illegal firearms, to carry them around loaded and to use them to commit crimes is conduct that must be denounced and deterred in the strongest terms.
In mitigation, I take into account that Mr. Rogers pleaded guilty before a trial date was set. This is a sign of his remorse and willingness to take responsibility for his wrongdoing. He apologized in court today for his behaviour.
He is a young man, and has no prior adult criminal record. He has strong family support, notwithstanding that his actions have caused pain to his immediate family members. While on bail, he found steady employment. His manager described him as a valuable employee with an impeccable work ethic. This is very much to his credit and speaks to his positive rehabilitative prospects.
Denunciation and deterrence ,both general and specific, are the governing principles of sentencing for these offences, but rehabilitation must be given some weight in light of Mr. Rogers’ age and limited criminal antecedents.
In all of the circumstances, I accept the joint submission.
Mr. Rogers, would you please stand. I treat the two-and-a-half months of pretrial custody as the equivalent of four months. Although Mr. Rogers was on a house arrest bail for 13 months, the conditions permitted him to go to work and to travel to Angola with his sureties. I give an additional two months’ credit for the time on a form of house arrest bail.
Mr. Rogers, for the offence of robbery, I sentence you to four years in jail, less six months total credit for pretrial custody and bail conditions, leaving a sentence to be served of three and a half years in jail.
On count 9, I sentence you to three and a half years in jail to be served concurrently.
I make a DNA order on the charge of robbery. And on both counts I impose a weapons prohibition order under s. 109(2)(a) for ten years, and s. 109(2)(b) for life.
I order forfeiture as sought by Crown counsel.
...END OF EXCERPT
FORM 2
Certificate of Transcript
Evidence Act, subsection 5(2)
I, Helena Tsapoitis-Barbesin, certify that this document is a true and accurate transcript of the recording of R. v.
Deshawn Rogers, in the Superior Court of Justice, held at 75 Mulcaster Street, Barrie, Ontario, taken from Recording No. 3811_15_20190807_090514__10_FUERSTM.dcr, dated August 7, 2019 which has been certified in Form 1 by Cathy Nelson.
Date (Authorized Transcriptionist)
Helena Tsapoitis-Barbesin
ACT ID# 2372561617
416-889-6054