Court File No. CR-18-00000141-0000
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
JAKOB BEISEL
REASONS FOR SENTENCE
BEFORE THE HONOURABLE JUSTICE M.K. FUERST
on FRIDAY, June 14th, 2019, at BARRIE, Ontario.
APPEARANCES:
L. Shirreffs
Michael Miller
s
Counsel for the Crown
Counsel for Jakob Beisel
FRIDAY, JUNE 14th, 2019.
REASONS FOR SENTENCE
FUERST, J. (Orally):
Mr. Beisel and a co-accused committed a very serious robbery, in which a man was robbed of his truck while sitting in it in his own driveway. The robbery occurred at gunpoint. Although no victim impact statement was provided, any reasonable person can appreciate how frightening this event would have been for the victim, for his family, and for other members of the community who learned of it.
In addition to the obvious aggravating aspects of the offence, Mr. Beisel has an atrocious record as a youth. It involves, in particular, robbery on two other occasions. This is the second time he has been an adult offender. Unless he changes his path, he is on the road to becoming a Dangerous Offender in the future.
In mitigation, he pleaded guilty, which is a sign of remorse and acceptance of responsibility for his offences. He is a young man. He has family support through his grandparents, should he choose to take their guidance. Only he can make that decision.
In all the circumstances, I accept the joint submission.
Mr. Beisel, would you please stand?
On Count 1, I sentence you to five years in jail, less 16 months of pretrial custody, credited at 1.5:1 as two years. That leaves three years in jail to serve.
On Count 11, I impose a sentence of three months in jail, concurrent.
On Count 12, I impose a sentence of six months in jail, concurrent.
On Count 1, there is a DNA order, a s. 109(2)(a) weapons prohibition order for ten years and a s. 109(2)(b) weapons prohibition order for life.
You may be seated, sir.
THE COURT: Ms. Shirreffs, is there anything that needs to be clarified?
MS. SHIRREFFS: No, but I did – I missed the - how many months concurrent on Count 12?
THE COURT: Six.
MS. SHIRREFFS: Six months. Thank you.
THE COURT: Mr. Miller, anything to clarify?
MR. MILLER: No, I think it’s clear. Thank you.
THE COURT: All right. Just give me a moment.
MS. SHIRREFFS: Thank you. And the Crown will ask that the balance of the charges be marked withdrawn, please.
THE COURT: I think, Madam Registrar, these endorsement forms do not provide enough space, so it’s going to look a little awkward, but I will put a continuation on the form.
COURTROOM REGISTRAR: Thank you, Your Honour. Can I just ask is there a secondary DNA on the 117?
THE COURT: I didn’t look. I’m sorry. I was not aware it was being sought on anything other than Count 1, but Ms. Shirreffs can clarify.
MS. SHIRREFFS: I’m content with it on Count 1.
THE COURT: The other counts to be withdrawn, Ms. Shirreffs?
MS. SHIRREFFS: Yes, please.
THE COURT: I have endorsed that there was a re-election today to judge alone by Mr. Beisel. Upon arraignment, he pleads guilty to Counts 1, 11 and 12, and is found guilty on those counts, and convictions are registered. He is sentenced on Count 1 to five years in jail, less pretrial custody of 16 months, credited as two years, leaving a sentence to serve of three years. On Count 11, to three months in jail concurrent, and on Count 12, to six months in jail concurrent. On Count 1, there is a DNA order, a s. 109(2)(a) order for ten years, and a s. 109(2)(b) order for life. All other counts against Mr. Beisel are withdrawn at the request of the Crown. Thank you.
MR. MILLER: Thank you, Your Honour.
MATTER CONCLUDED.
Certification
FORM 2
Certificate of Transcript
Evidence Act, Subsection 5(2)
I, AMANDA WALKER, certify that this document is a true and accurate transcription of the recording of R. v. Jakob Beisel, in the Superior Court of Justice, held at Barrie, Ontario taken from Recording No. 3811_01_20190614_081952__30_FUERSTM.dcr, heard Friday, June 14th, 2019, which has been certified in Form 1 by J. Evans
September 16th, 2019 (Date) (Signature of Authorized Person)