R. v. Gill Date:, 2010 BCPC 402

Citation: R. v. Gill Date: 20101122 2010 BCPC 0402 File No: 177869-2C Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. TAJINDER RICKY SINGH GILL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE BALL Counsel for the Crown: R. Khangura Counsel for the Defendant: J. Mann Place of Hearing: Surrey , B.C. Date of Hearing: November 22, 2010 Date of Judgment: November 22, 2010 [ 1 ] These are brief reasons for sentence in the matter of Tajinder Ricky Singh Gill, who was found guilty after a trial, of wilfully committing an indecent act in a public place in the presence of a named individual contrary to s. 173(1) (

a) of the Criminal Code . The charge, as it is laid out, I think adequately expresses the facts of the case and my reasons have already been given for conviction. [ 2 ] The Crown suggested the appropriate disposition was a suspended sentence, with probation of 12 to 15 months to follow, giving focus to the sentencing principles of deterrence and rehabilitation. A particular focus on a limitation in coping skills possessed by Mr. Gill was described in the two very comprehensive reports which have been filed with the court. [ 3 ] Mr. Mann, on behalf of Mr.

Gill, submits that rather than suspending the passing of sentence, this should be a situation, given Mr. Gill's very impressive positive background, that a conditional discharge would be appropriate. Clearly it is in Mr. Gill's interest, and Mr. Mann argues not contrary to the public interest, which are the instructions from the case of R. v. Fallofield (1993) 1973 CanLII 1412 (BC CA) , 13 CCC (2d) 450 (BCCA) . [ 4 ] I am satisfied this is a case where a conditional discharge is appropriate and I will express reasons as follows.

[ 5 ] First, this was the first criminal offence which has brought Mr. Gill before the court. Second, it was an offence which, while it certainly disturbed D.M.K., it was an offence that principally involved Mr. Gill. There is no suggestion in any of the material that has been before the court that Mr. Gill has taken this problem, which he obviously has and which was exposed on the street, that it has got anywhere near the classroom. There is no suggestion that there has been any inappropriate involvement by Mr. Gill with any student, or any player on a team. Mr.

Gill has been a coach for, if not hundreds, thousands of young people, and he has had a very positive influence, by all that has been said about him, on those young people. He continues, notwithstanding this problem that he is facing, to be involved in various programs providing coaching for young people in this country, but also in other countries around the world through “Hoops for Hope”. So as I have said, I am satisfied that the test in R. v. Fallofield has been met. [ 6 ] Mr. Gill has some work to do to address his problem, and he certainly acknowledged that.

The report from the Forensic Psychiatric Services Commission suggests that there are some risks that need to be faced, and recommends, and I believe both reports come to the same conclusion, that he complete a sex offender program that is appropriate for his level of risk, and that program is obviously available in the community. [ 7 ] The term of the conditional discharge will be for a period of 15 months. You will keep the peace and be of good behaviour.

You will appear before the court when required to do so by the court. [ 8 ] You will notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or probation officer of any change of employment or occupation. [ 9 ] You will report before 12:00 noon on Wednesday, the 24th of November 2010 to the probation officer at #110 - 15955 Fraser Highway in Surrey, British Columbia, and thereafter report as and when directed by the probation officer, but only as often as necessary for the purposes of arranging, attending, participating, completing and monitoring counselling as may be directed by the probation officer.

You will provide your residential address to the probation officer and not change that residence without the prior written permission of the probation officer. [ 10 ] You will have no contact, direct or indirect, with D.M.K.

You will not attend at any place of work, education or residence of D.M.K. that comes to your attention. [ 11 ] You will attend, participate and successful complete such counselling, including individual or group therapy, or counselling or other program for sex offenders as directed by and to the satisfaction of the probation officer, including but not limited to the sex offender program offered by the Forensic Services Commission. [ 12 ] You will accept, attend and complete, to the satisfaction of the probation officer, psychiatric or psychological assessments, counselling and related programming, including any British Columbia Corrections Core Programs, as directed by the probation officer, and including, but not limited to, the sex offender program. [ 13 ] The probation officer had recommended a weapons ban.

That is not an issue that arose on the facts of this case. I do not intend to make that order. [ 14 ] I believe that those are all the terms that need to be included in an order in this case. ________________________________ Judge Ball Provincial Court of British Columbia