R. v. Tsekouras Date:, 2011 BCPC 324

Citation: R. v. Tsekouras Date: 20111101 2011 BCPC 0324 File No: 220438-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. KOSTANTINOS PANAGIOTIS TSEKOURAS BAN ON PUBLICATION 486.5(1) CCC; Restricted Access EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE C. L. BAGNALL Counsel for the Crown: I. Keeley Counsel for the Defendant: P. Stark Place of Hearing: Vancouver , B.C. Date of Judgment: November 1, 2011 [ 1 ] THE COURT: Kostantinos Tsekouras must be sentenced today respecting an offence committed on June the 27th, 2011, contrary to s. 151 of the Criminal Code .

On that day he touched, for a sexual purpose, the body of a person under the age of 16. He entered a plea of guilty at a very early stage of the proceedings, on October 24th, 2011. He did not seek release from custody after his arrest. He has remained in custody since June the 27th, 2011. [ 2 ] The circumstances which gave rise to the laying of this charge, while clearly and legitimately upsetting to the victim and her family, were not predatory and were not physically dangerous to the child. Mr.

Tsekouras can only be described on that day as at loose ends in the community waiting for his housing to open for the night. He was actually sitting on the steps of the residence where he was residing, and into the area where he was came two women and their children. The child involved in this offence was a seven-year-old girl. They began to enter their vehicle which was parked in the area. Mr. Tsekouras approached the seven-year-old and smacked the

child's bottom and then walked away. He was confronted almost immediately by the child's mother, and he went back to the area of the assault at her request. He was arrested shortly thereafter, and as I have indicated, he has been in custody ever since. [ 3 ] Mr. Tsekouras has a record for the same sort of offence going back to 2001. His record has been filed so I will not recite the details of the record. A number of reports have also been filed on sentencing, and I will not recite or quote from those reports. They are numerous, and they are very clear.

The contents of those reports in my view make it very clear that Mr. Tsekouras has a developmental disability. He has now been diagnosed as having fetal alcohol spectrum disorder, and he faces other health challenges as well. [ 4 ] What is abundantly clear from everything that I have heard is that his criminal behaviour is a direct result of his mental health issues. I am satisfied that with proper support, structure and supervision, Mr. Tsekouras is very unlikely to reoffend, and without proper support, structure and supervision, he almost certainly will. That is what has occurred up until now.

That is why things have to change for him. [ 5 ] The plan that has been outlined by Ms. Stark today is certainly a step in the right direction. I want to say very clearly: Mr. Tsekouras seeks help; he needs help; he does not need punishment. [ 6 ] The sentence will be as follows. [ 7 ] Mr. Tsekouras will serve one day in custody with respect to this matter. I am going to ask that his record reflect that he has been in custody for four months. He will in addition be placed on probation, and the conditions are going to be numerous. The probation order will last for three years. The statutory conditions will apply.

I will add the following. [ 8 ] He will not be released from custody except into the company of Emma Dhaliwal who may be reached at 604-315-2046, and with her he will go to the Miller Block and commence residence there. [ 9 ] He will report before four p.m. on November the 2nd, 2011, to the probation office at 275 East Cordova Street, Vancouver, B.C., by telephone and thereafter as directed. [ 10 ] He will reside as directed by his probation officer. [ 11 ] He will obey the rules and regulations of his residence at all times including any curfew set by the residence. [ 12 ] He will take counselling as directed by his probation officer.

And I recommend that he be directed to participate in counselling provided by SHADE Consulting under the care of Paula Bentley or of Margaret Newbury Jones, and through Developmental Disabilities Mental Health Services, and under the care of Dr.

Douglas McKibbon whose office is at 207-2248 Elgin Avenue, Port Coquitlam, British Columbia. [ 13 ] As directed by his probation officer, he will attend at the Forensic Outpatient Clinic at 300-307 West Broadway, Vancouver, B.C., or elsewhere, for assessment, treatment and counselling. [ 14 ] Having consented to do so in court, he will take medications prescribed for him by his doctor or psychiatrist or psychologist.

If he withdraws his consent with respect to this condition, he will report his withdrawal of consent before four p.m. on the next business day to his probation officer in person. [ 15 ] In any private place, he must not be in the company of anyone under the age of 16. [ 16 ] He will not attend at any library, public park, swimming pool, school ground, playground or community centre where persons under the age of 16 years are present or can reasonably be expected to be present, unless he is in the company of a parent or another person that has been approved in advance by his probation officer. [ 17 ] Now, there are two other conditions that I would like to address with counsel before I actually add them formally to the probation order.

What I have in mind is that Mr. Tsekouras would come and appear before me within a couple of weeks. And for the period of time between now and then, I intend to add a condition to the probation order that would restrict his movement in the community a great deal. The reason that I want to ask him to come back is to, in effect, see how that is working for both Mr. Tsekouras and for those in charge of his care. If it is not working, then it will be revised. I can say that right now. [ 18 ] So what I have in mind is choosing a date; as part of the probation order, ordering Mr.

Tsekouras to come back to court on that date, and then adding this condition. Until that date, you must not leave your residence except in the company of a staff member of the John Howard Society, or Community Living B.C., or a person approved in advance by your probation officer. [ 19 ] Now, I think it is less cumbersome than some choices, some options that might be there, but it may not work. And that is why I would like to review it sooner rather than later. Do counsel have any comments or suggestions about that? [ 20 ] MS. STARK: Let me just have one moment. [ 21 ] THE COURT: Yes. [ 22 ] MS.

STARK: I think what the -- I understand, Your Honour. I think the staff is worried that there is 16 hours potentially that if there is no one, he is going to have to be in this -- [ 23 ] THE COURT: Yes. [ 24 ] MS. STARK: -- 300-square-foot room. [ 25 ] THE COURT: Yes. He is going to have to be in the Miller Block.

[ 26 ] MS. STARK: In the Miller Block. [ 27 ] THE COURT: He could not leave the Miller Block. And as I say, this may be completely unworkable, and that is why I would like it to be of very short duration. It may be that things change between now and a couple of weeks from now. I do not know. [ 28 ] MS. STARK: I think that Mr. Tsekouras -- I think everyone is prepared to make that effort to try and make that work. [ 29 ] THE COURT: All right. I will be blunt. I do not want for there to be a repetition -- [ 30 ] MS. STARK: Yes. [ 31 ] THE COURT: -- of the circumstances that have pertained in the past -- [ 32 ] MS.

STARK: Yes. [ 33 ] THE COURT: -- for Mr. Tsekouras. If he is at loose ends, he is almost certainly -- without proper foundation and counselling, he is almost certainly going to end up back in court. And no one wants that to occur, least of all Mr. Tsekouras. [ 34 ] MS. STARK: That's -- that is correct. [ 35 ] THE COURT: So I think something really structured at this point in time is a good way to start. [ 36 ] MS. STARK: Yes. [ 37 ] THE COURT: All right. Could we just choose a date then and -- [ 38 ] MS.

STARK: Yes. [ 39 ] THE COURT: -- then I can add those two final conditions to the probation order and conclude the other formalities with respect to sentencing. [ 40 ] MS. STARK: Thank you. And I just wanted to ask, Your Honour said not to be in any private dwelling. I didn't get the -- [ 41 ] THE COURT: In any private place, he is not to be in the company of a person under the age of 16. [ 42 ] MS. STARK: Is that a full stop or can he be if someone else is there?

I'm just thinking not to be in the company of anyone under 16 years unless -- or you would just rather leave it at that. [ 43 ] THE COURT: My intention is that he have no private contact -- [ 44 ] MS. STARK: Yes, yes. [ 45 ] THE COURT: -- with persons under the age of 16. [ 46 ] MS. STARK: Yes. [ 47 ] THE COURT: So in public -- [ 48 ] MS. STARK: Yes. [ 49 ] THE COURT: -- he can be in contact with young persons, but in private circumstances, he cannot. And let us try that. [ 50 ] MS. STARK: Yes. [ 51 ] THE COURT: And, again, if that becomes unworkable, it could be addressed again. [ 52 ] MS. STARK: Yes, thank you.

So we are looking at within a two-week -- [ 53 ] THE COURT: I am looking at two weeks. For example, the 14th or the 15th of this month. [ 54 ] MS. STARK: What courtroom is Your Honour in on the 15th? I know Ms. Lusk who has conduct is -- I think she has 102 on Tuesday. [ 55 ] THE COURT: I am in this courtroom on the 15th. [ 56 ] MS. STARK: I think -- I am just trying to think about accommodating Ms. Lusk as well so she can be here, and I don't know what her

schedule is, but at the moment, she does the 102 list on Tuesday. So I am going to propose November 17th. Is that date available? No. [ 57 ] THE COURT: That will be the conference, unfortunately. [ 58 ] MS. STARK: Oh, yes, it will. [ 59 ] THE COURT: That is why you are not otherwise occupied. [ 60 ] MS. STARK: And what was -- what was Monday of that --

[ 61 ] THE COURT: That is the 14th. [ 62 ] MS. STARK: Yes. [ 63 ] THE COURT: Two o'clock on that day? [ 64 ] MS. STARK: That would be agreeable. [ 65 ] THE COURT: All right. Well, I will be in Courtroom 101 on the Monday. [ 66 ] MS. STARK: Right. [ 67 ] THE COURT: So that might work out. [ 68 ] MS. STARK: That would work out. [ 69 ] THE COURT: All right. [ 70 ] MS. STARK: Yes, that's -- that would be a good date. [ 71 ] THE COURT: All right. The final two conditions that I am going to add to the probation order will be as follows. [ 72 ] Mr.

Tsekouras will return to court and appear before me on the 14th of November, 2011, at two o'clock in the afternoon in Courtroom 101. [ 73 ] Until that date, he must not leave his residence except when he is in the company of a staff member of the John Howard Society or Community Living B.C. or a person approved in advance by his probation officer. [ 74 ] The order will be prepared in writing. It will be read and explained to Mr. Tsekouras, and a copy will be given to him.

I delegate to the clerk of the court the other responsibilities I have under the Criminal Code . [ 75 ] I will make the order requested with respect to his DNA, and I have also signed the order under s. 490.011(1)(2). And I am just going to hand to the registrar all of the documents that need to be filed with respect to this matter. The order is at the top of these documents, Mr. Registrar. [ 76 ] MS. STARK: Thank you, Your Honour. And I'd ask the victim fine surcharge be waived. [ 77 ] THE COURT: Yes. I am not sure I said that, but I certainly -- [ 78 ] MS.

STARK: Thank you. [ 79 ] THE COURT: -- intended to waive the victim fine surcharge. (REASONS FOR SENTENCE CONCLUDED)