R. v. Gleeson, 2019 BCPC 194

Citation: R. v. Gleeson 2019 BCPC 194 Date: 20190724 File No: 175527-1 Registry: Victoria IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ADAM GLEESON ORAL REASONS FOR SENTENCE OF THE HONOURABLE REGIONAL ADMINISTRATIVE JUDGE M. BRECKNELL Counsel for the Crown: S.M. Simpson Counsel for the Accused: M.T. Mulligan Place of Hearing: Victoria , B.C. Date of Hearing: July 23, 2019 Date of Sentence: July 24, 2019 [ 1 ] THE COURT: Sir, I am going to go along with part of what the joint submission is, but not all of it. I keep in mind you have no criminal record. I keep in mind that the actions of yourself and Ms.

Kirkpatrick as you are both driving down these roads in the Metro Victoria Area were both pretty silly, and I keep in mind, as well, that unfortunately people acting in what we now describe generally as "road rage" is becoming more prevalent in our society. [ 2 ] I do not know why. I think we have become more and more isolated in our little bubble of a vehicle with all the accoutrements that vehicles now have that really do not require you to do much driving at all, and I keep in mind that although I have found that Ms.

Kirkpatrick's driving was not beyond reproach either, that at the end of this matter, she was insulted by being assaulted and, as I described in my reasons, there is almost no culture on the face of the earth that finds spitting at somebody else to be in any way

acceptable. You can study all sorts of different cultures and sociologists have done that. It is widely known as a really insulting thing to do. [ 3 ] Now, I also keep in mind you have no criminal record so it is not as if you are the sort of person going around doing this all the time. So I am going to go along with the granting of a conditional discharge. What that means for you, sir, is if you successfully serve the time of the conditional discharge, you will be able to tell anybody who asks you that you do not have a criminal record.

You will not be able to say truthfully that you have never been arrested or you have never been convicted, but you can say, “I have no record.” [ 4 ] I am going to impose a conditional discharge because it is in your best interests and I am satisfied that it is not contrary to the public interest of the community as required of me by the decision of R. v. Fallofield from our Court of Appeal. I am, however, going to impose a conditional discharge for only a period of nine months, not 12 months.

That will have the following terms and conditions. [ 5 ] Madam Clerk, we are going to use the probationary terms. [ 6 ] 2001, Madam Clerk: You must keep the peace and be of good behaviour. You must appear before the Court when required to do so by the Court. That will only be today, sir, if you stay out of trouble.

You must notify the Court or the probation officer at least two days in advance of any change of name of address and promptly notify the Court or the probation officer of any change of employment or occupation. [ 7 ] 2002, Madam Clerk: You must have no contact or communication directly or indirectly with Megan Kirkpatrick. Now, sir, I say that, but I have absolutely no expectation that you and she will ever cross paths again.

She will not want it to happen and I am sure you will not if you see her, but in the event that you both happen to be standing in line to go to a hockey game at the arena, you will make sure that you stay far away from her and I am sure she will make sure she stays far away from you. [ 8 ] 2005, Madam Clerk: You must not go to or be within 10 metres of any residence, school, or workplace of Megan Kirkpatrick known to you, except as follows - so paragraph (g), Madam Clerk - in a moving motor vehicle on your way to some other place.

Now, sir, I have no doubt you do not know where she lives, you do not know where she works, you do not know if she goes to school. But again, if you come upon her one day when you are walking your dog and it turns out that she lives in the house that you are walking by, you are going to have make arrangements to walk your dog somewhere else, is basically what it comes down to. [ 9 ] 2101, Madam Clerk: You must report in person to a probation officer at the address here in Victoria by 3 p.m. today, July 24, 2019, and after that, you must report to the probation officer only if you change your address.

So if you are moving to a different part of the city, you have got to let them know. [ 10 ] I am not going to impose any counselling provision. I do not conclude that you are a person who has an anger problem. That is what you would need counselling for. You have expressed some anger on this incident, but I cannot conclude, based on what I have been told, that you have an anger problem and, hence, I do not believe counselling is appropriate. [ 11 ] In the same vein, given your recent parenthood, I am not going to impose any community work service.

All I want you to do is to make sure you do not have any contact with this person over the next nine months and you do not go anywhere close to where she lives or works or goes to school. Stay out of her life, I have no doubt she will stay out of yours, and at the end of the nine months, you can go back to living your life as you see fit. [ 12 ] There will be a document that you have to sign, sir.

It will be ready, Madam Clerk, if I told him to come back just before noon? [ 13 ] THE CLERK: Yes, Your Honour. [ 14 ] THE COURT: So, if you go to the registry desk just before the noon hour, you can sign into the document. You can then go to the probation office, wherever that is in this city, report in, and they will read over the document with you. Given the very, very brief terms that I have imposed, I would not be surprised if they tell you they only need to hear from you about once a month.

They may have a different rule down here, but certainly where I come from in Prince George, an order like this with very minor terms to ensure compliance, they only want to see you usually once a month. (REASONS FOR SENTENCE CONCLUDED)