Court File No. CR-18-00007716-0000
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
ALEXANDER ROBERTS
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 19, 2020, at NEWMARKET, Ontario
APPEARANCES:
K. Hutchinson Counsel for the Provincial Crown
A. Abbasi Counsel for Alexander Roberts
SUPERIOR COURT OF JUSTICE
TABLE OF CONTENTS
Reasons for Sentence Page 1
Transcript Ordered: August 28, 2020
Judicial Review Sent: September 3, 2020
Transcript Completed: November 20, 2020
Ordering Party Notified: November 20, 2020
WEDNESDAY, AUGUST 19, 2020
REPORTER'S NOTE: This audio recording was held during the COVID-19 by teleconference. Portions of the audio are indiscernible. All audible portions have been transcribed.
R E A S O N S F O R S E N T E N C E
FUERST, J. (Orally):
Mr. Roberts pleaded guilty to a number of offences arising from his involvement in the sex trade industry. Specifically, he recruited two teenaged girls who worked for him as escorts and turned over their earnings to him. He attempted to recruit a third teenaged girl to do the same.
These are serious offences, especially given the aggravating circumstances that include the element of exploitation, the ages of the girls, and the fact there were three of them.
Mr. Roberts is a young man who is only 22. Unfortunately, he has amassed a youth and criminal record that includes [audio cuts out].
Despite some family and personal challenges while he was growing up, he does continue to have the support of his mother and his grandmother, who I am told are a stabilizing influence. He has used his time in presentence custody to his advantage by completing his high school diploma, attending A.A., and [indiscernible] on his release from custody. All of that is very much to his credit and should be encouraged. His guilty pleas, which are a sign of remorse and willingness to accept responsibility for his actions, take [indiscernible] in the COVID pandemic when any saving of court time is important. Additionally, his pleas have spared the young women from having to attend court and to testify at a trial.
The governing principles that must be taken into consideration, both general and specific, for Mr. Roberts rehabilitation cannot be ignored, and I appreciate that he has taken some steps in that direction already. Still, it is in the face of the seriousness of the offence. In all of the circumstances, I accept the joint submission as to custody. Now, the sentence to be imposed is six years in jail less 335 days of presentence custody credit, leaving a sentence to be served of five years and 30 days. The sentence will be apportioned as follows. On Count 5, the sentence is one of five years jail, less 335 days presentence custody credit. On Count 1, the sentence is three years jail concurrent. On Count 2, one-year jail concurrent. On Count 7, nine months jail concurrent. On Count 9, four years jail concurrent. On Count 11, three years jail concurrent. On Count 12, three years jail concurrent. On Count 4, six months jail, the indication is consecutive, Ms. Hutchinson. And on Count 3, six months jail consecutive.
MS. HUTCHINSON: Yes, Your Honour.
THE COURT: That will add up to a total of six years less the 335 days of presentence custody credit. The ancillary orders are as follows. A s. 109(2)(a) ten years and s. 109(2)(b) for life, which is the weapons prohibition order, that applies to Counts 5 and 9. A s. 161(a)(b)(c) order and a (d) order with the exception for education and/or employment for a period of five years that applies to Counts 5, 9, and 12. A D.N.A. order on Counts 5, 7, 9, and 12. A SOIRA order for life on Counts 5 and 9. And a forfeiture order as requested by the Crown. The other counts to be withdrawn at the request of the Crown.
MS. HUTCHINSON: Your Honour, the only thing I realized I didn't ask about, and we didn't address to my friend, [indiscernible]. I didn't ask that in advance about just not communicating with the named complainants.
THE COURT: So a s. 743.2(1) order while in custody in respect of the three complainants who will be specifically named. Is that correct?
MS. HUTCHINSON: Yes, I'm sorry, I apologize for that oversight.
THE COURT: That's okay. That order will be made in addition. So, Mr. Roberts, you are going to jail for quite a long period of time, but I have to tell you I was impressed when I heard what you have done with your time in custody so far. And I hope that in the federal penitentiary system, there will be opportunity for you to continue on the same path. Only you can seize that path, and I hope you stay on it.
ALEXANDER ROBERTS: Thank you.
...PROCEEDINGS ARE CONCLUDED
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. Alexander Roberts in the Superior Court of Justice, held at 50 Eagle Street West, Newmarket, Ontario, taken from Recording No. 4911_108_20200819_095742__10_FUERSTM.dcr dated August 19, 2020 which has been certified in Form 1 by Marco Magnante.
Date (Authorized Transcriptionist)
Helena Tsapoitis-Barbesin
ACT ID# 2372561617
416-889-6054
Transcriptsontario.ca