r v. Gary, 2012 QCCQ 7380

R. c. Harrison 2012 QCCQ 7380 COURT OF QUEBEC Criminal and Penal Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL CITY OF MONTRÉAL N o : 500-01-060829-113 500-01-065033-117 DATE: 18 May 2012 _____________________________________________________________________________ BEFORE THE HONOURABLE PATRICK HEALY, J.C.Q. _____________________________________________________________________________ THE QUEEN Prosecutor v.

Gary HARRISON Accused _____________________________________________________________________________ JUDGMENT ON SENTENCE _____________________________________________________________________________ [ 1 ] Mr. Harrison is before the court for sentence on a variety of charges: one count each of aggravated assault, [1] threats, [2] and break and enter; [3] and ten counts of theft. [4] These counts are in two separate files. [ 2 ] The parties agree, and Mr. Harrison acknowledges, that a fit and appropriate sentence in the circumstances of these files is a penitentiary term. The parties do not agree on the quantum .

The prosecution submits that a global sentence of six years is appropriate, comprising four years for the aggravated assault and a consecutive sentence of two years on the remaining counts to be served concurrently among them. The defence submits that a sentence of two years for the aggravated assault is appropriate, with a consecutive sentence of twelve to fifteen months on the remaining counts to be served concurrently among them. [ 3 ] The offences of theft were committed on three dates between November 2010 and January 2011. The offence of break and enter was committed in January 2011.

The offences of aggravated assault and threats were committed on or between 26 and 27 August 2011. Mr. Harrison was also under a probation three-year order with effect to 16 March 2011. [ 4 ] One of the few mitigating factors is that Mr. Harrison pleaded guilty. Another is that he appears to express some measure of remorse and accepts his responsibility for the commission of the offences before the court.

A third is that he also expresses some hope of rehabilitating himself and becoming a productive and law-abiding member of society. [ 5 ] These factors, as acknowledged by the parties, cannot change the nature of the sentence required in this case. Mr. Harrison has an extensive record of some thirty convictions between 1996 and 2007. There is considerable variety among them. They include many property offences, theft, mischief, driving offences, possession of weapons, obstruction of a police officer and assault. There are offences of being unlawfully at large and failure to comply with conditions.

On several occasions Mr. Harrison was imprisoned for breach of parole. He has served significant terms of imprisonment, including a global sentence in 2000 of five years. [ 6 ] The offence of aggravated assault was vicious. Chronologically it is the last offence in the sequence of offences before the court and the last in the catalogue of convictions since 1996.

It is a severely aggravating factor and only reinforces the requirement of a severe sentence that reflects the gravity of this particular offence and the escalating number of other offences. [ 7 ] The pre-sentence report confirms a portrait that is objectively bleak. Mr. Harrison's family life has been, to put it lightly, difficult. He has not only had repeated problems with the law but he has demonstrated marked anti-social characteristics. He has had little education and little employment.

The assessment in the pre-sentence report includes the following observations: Nous évaluons les risques de récidive comme étant très élevés compte tenu de ses antécédents judiciaires, du nombre d'infractions dans les actuelles causes, des sentences d'emprisonnement reçues, de sa grande difficulté à se conformer aux conditions des ordonnances de Cour, de sa faible scolarité, d'une fiche occupationnelle pauvre surtout ces dernières années, de l'absence d'un réseau social adéquat, de son insatisfaction au niveau de son couple, de sa relation peu gratifiante en lien avec sa mère, de l'absence de loisirs et activités récréatives dans son mode de vie, de ses connaissances criminelles, des rapports disciplinaires en détention, de sa polytoxicomanie latente, de son attitude procriminelle et de sa grande difficulté à ne pas modifier son mode de vie malgré les différents programmes offerts au fil des ans.

Le processus de réhabilitation en sera un de longue haleine, l'intimé ayant peu d'acquis.

This affords little ground for optimism but it cannot extinguish all hope for the future. [ 8 ] The positions of the parties reflect a need for a sentence that underscores not only denunciation and deterrence but separation from society. There is nothing that would allow a different conclusion. FOR THESE REASONS there will be sentence of three years on the count of aggravated assault and a consecutive sentence of two years on the remaining counts to be served concurrently upon completion of the sentence of three years. There will be an order under

section 109 of the Criminal Code and there will be an order for a sample of DNA. There will be no costs or surcharge. ____________________________________ PATRICK HEALY, J.C.Q. Me Steeve Larivière For the prosecutor Me Audrey Amzallag For Mr. Harrison Date of hearing 24 April 2012