R. v. Schmidt - Excerpt Oral Reasons for Sentence Date:, 2003 BCPC 135

Citation: R. v. Schmidt - Excerpt Oral Reasons for Sentence Date: 20030401 2003 BCPC 0135 File No: 18554; 18577; (16766 - Rossland) Registry: Nelson IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ELIZABETH SIMONE SCHMIDT EXCERPT FROM PROCEEDINGS ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D.L. SPERRY Counsel for the Crown: H.M. McSheffrey Counsel for the Accused: R.G.P. Brown Place of Hearing: Nelson, B.C.

Date of Hearing: April 1, 2003 Date of Sentence: April 1, 2003 [ 1 ] THE COURT : Elizabeth Schmidt is before me, having pleaded guilty to one double-barrelled count of assault on Mental Health workers, I think nurses, at the Daly Pavilion, which is the Mental Health facility of the Kootenay Boundary Regional Hospital in Trail, on the 12th of January, 2003, and to one count on February 10th of this year of uttering threats to kill M.A. in Salmo. Ms.

Schmidt has been living intermittently with M.A. when she has not been in a mental health facility. [ 2 ] On remand on these charges, an order was made under the provisions of the Criminal Code for a psychiatric assessment to determine whether or not Ms. Schmidt was, by reason of mental disorder, incapable of instructing counsel or incapable of understanding the nature and consequences of the acts which led to the charges. She was in psychiatric remand for thirty days. [ 3 ] She is not a candidate for a

Section 16 plea under the Criminal Code , but she has been diagnosed as having a schizoid disorder and borderline personality and some intellectual challenges. All Mental Health in this community could do was put her into the Queens Hotel, which is notorious as being a welfare hotel. Was, I should say, because it closed this morning and Ms. Schmidt is on the street. [ 4 ] Byron Howard, an experienced and very professional probation officer, acknowledges freely that his office cannot offer meaningful service to Ms. Schmidt in most respects.

If, for example, I suspended the passing of sentence, or granted her a conditional discharge and placed her on probation and made one of those terms to reside as directed by her probation officer, Probation Service has no place to direct that she reside, other than prospectively a facility in the Lower Mainland, which would put Ms. Schmidt back in the same milieu that led her to being addicted to crack cocaine.

In a lucid moment she left the Lower Mainland to return to the Kootenays so that she would not be constantly tempted by that particular dragon. [ 5 ] Judges have been told and told, and will continue to be told again, by courts of appeal that we are to punish the crime and not to act as sociologists. It is not our job to fill the voids left by social service agencies. On two counts of assault and what, on the facts, is an essentially empty threat, an appropriate sentence would either be a fine or a conditional discharge.

You cannot meaningfully impose fines on someone with no resources and who has no place to sleep tonight. [ 6 ] If I attach reporting and other consequential conditions to a discharge, I almost certainly sentence Ms. Schmidt to breach. She is a person who desperately needs help, and help is not being made available to her. Without that help, she is going to breach, and Probation Services do not have the resources to provide for the needs that Ms.

Schmidt has to assist her in terms of personal deterrence and rehabilitation. [ 7 ] Absolutely with the deepest regret, the only sentence that I can impose is a conditional discharge without reporting conditions and no contact with the three named victims of the offence. I will, on both informations before the court, discharge Ms.

Schmidt on the conditions that will be contained in a probation order that will be for a period of six months. [ 8 ] Terms of the probation order are that she will keep the peace and be of good behaviour, and that she will have no contact, direct or indirect, or communication with M.H. or D.G., and that she will initiate no contact with M.A., nor will she attend within one hundred metres of any residence occupied by M.A. unless she is specifically invited by M.A. to attend in those premises. [ 9 ] There will be no victim impact surcharge. (SUBMISSIONS) [ 10 ] THE COURT : With respect to H. and G., no contact save and except as may be incidental to their professions.

[ 11 ] MR. McSHEFFREY : Or as incidental to her being a patient at Trail Kootenay Boundary Regional Hospital. [ 12 ] THE COURT : Yes. [ 13 ] MR. McSHEFFREY : That way, if she's a patient -- [ 14 ] THE COURT : Yes. [ 15 ] MR. McSHEFFREY: Thank you. (EXCERPT CONCLUDED)