R. v. Alkenbrack Date:, 2011 BCPC 424

Citation: R. v. Alkenbrack Date: 20111214 2011 BCPC 0424 File Nos: 84478-2C; 84477-1 Registry: Port Coquitlam IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BAN ON DISCLOSURE pursuant to s. 486.5(1) Criminal Code of Canada REGINA v. JAMES ARCHIE ALKENBRACK ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE BULLER BENNETT Counsel for the Crown: J. Linton Counsel for the Accused: R. Dhanu Place of Hearing: Port Coquitlam, BC Date of Hearing: December 14, 2011 Date of Sentence: December 14, 2011 [ 1 ] THE COURT : Mr.

Alkenbrack is before me for sentencing after guilty pleas entered on two Informations. [ 2 ] The first one in time is 84478-2C, Count 1. He pleaded guilty to the charge that from the 8th day of January, 2010 to the 10th day of January, 2010, inclusive, at or near Port Coquitlam, in the Province of British Columbia, he did sexually assault A.N., contrary to s. 271 of the Criminal Code . [ 3 ] The circumstances are that late on January 8th, 2010 or early into the morning of January 9th, 2010, the complainant was walking home in Port Coquitlam. A man on the other side of the street, who was Mr.

Alkenbrack, yelled across the street, asking her the time. She said, "12:15". She continued to walk along the street and she heard some footsteps running behind her. She noted it was the same man, Mr. Alkenbrack, who had asked her about the time. [ 4 ] She stepped aside to let him pass by her but he charged at her. Mr. Alkenbrack grabbed her by the throat, turned her around and threw her to the ground. She landed on her back. Mr. Alkenbrack stood over her and grabbed her chest and got one of his hands into her pants. She punched him one time and tried to get away. She screamed and then Mr. Alkenbrack fled.

The complainant went home. As it turned out, she recognized Mr. Alkenbrack, as they had attended the same middle school. [ 5 ] Mr. Alkenbrack pleaded guilty to Count 2 on the same Information or Indictment that from the 24th day of February, 2010 to the 25th day of February, 2010, inclusive, at or near Port Coquitlam, in the Province of British Columbia, he did sexually assault W.B., contrary to s. 271 of the Criminal Code . [ 6 ] The circumstances are that about 11:20 to about 11:30 p.m. on February 24th, 2010, the complainant, W.B., got off of a transit

bus near her home. Mr. Alkenbrack was standing at the bus stop and she walked past him. [ 7 ] As she walked along, he dove on her and forced her to the ground. He held her down by putting his hand on her chest. He told her that nobody was able to help her and that she could not get away. He asked W.B., "Do you want me to rape you?" She said, "No". [ 8 ] Mr. Alkenbrack said that he would not hurt her because she was beautiful. He said "I'll just rape you, not kill you. If you call someone, I might have to kill you. Are you scared?" [ 9 ] Mr. Alkenbrack took the complainant behind a fence and a gate area.

He held her as he unzipped her jeans, he put two fingers of his right hand inside her vagina, then he pushed her to the ground. He pulled down his pants and underwear and threw her clothing away. He put her legs in the air and penetrated her vagina with his penis. This lasted about 30 minutes. He also attempted anal intercourse with her. Mr. Alkenbrack did not ejaculate and did not use a condom. [ 10 ] Eventually, Mr. Alkenbrack let the complainant up off the ground and let her dress. Then, he pinned her to the far by wall and told her that she was lucky girl and that he should let her go.

He pinched her vagina and this hurt her. He told her that he would stop if she performed fellatio on him. She did so and he ejaculated in her mouth. Mr. Alkenbrack then dressed and let the complainant finish dressing. He said to the complainant, "If girls would give me a chance, I wouldn't have to rape people". [ 11 ] At about 1:51 in the morning, the complainant W.B. was able to retrieve her cell phone that had been thrown away by Mr. Alkenbrack and sent a text message to her sister asking for help. [ 12 ] Mr.

Alkenbrack has also pleaded guilty to a charge on Information 84477-1, Count 1, that on or about the 23rd day of March, 2010, at or near Port Coquitlam, in the Province of British Columbia, he did assault another person, Diane Taylor, contrary to s. 266 of the Criminal Code . [ 13 ] The circumstances are that the complainant, Ms. Taylor, is Mr. Alkenbrack's mother. On March 23rd, 2010, they got into an argument about money and a few other things. This was at Ms. Taylor's residence. Mr. Alkenbrack left the residence and returned about a half hour later. He shoved Ms.

Taylor and pushed her with his palm up against her chin. [ 14 ] There are no victim impact statements. I understand that all of the complainants were not willing to provide statements to the Court. [ 15 ] Turning now to the offender, Mr. Alkenbrack. [ 16 ] Mr. Alkenbrack is now 22 years old. He does not have a criminal record. He has been in custody since March 26th, 2010, I understand that was by consent. [ 17 ] Mr. Alkenbrack's parents were originally from Ontario. His mother belongs to the Napany First Nation. His father belonged to the Hornepayne First Nation. Mr.

Alkenbrack belongs to the same Hornepayne First Nation. [ 18 ] I had the benefit of several reports. The first one I will refer to is what is commonly called a Gladue Report . It was prepared by Ms. Laura Matthews, is very thorough, and has been very helpful to me. Ms. Matthews wrote: According to a long time family friend, Don Marquhart, (phonetic) Arthur (who is Mr. Alkenbrack's late father) and Diane got together to move to British Columbia because Diane had been suffering long time sexual abuse by a distinguished member of her Band.

Apparently it was this authority figure's goal to father as many children as possible and so he was preying on young girls for this purpose. Arthur took her away so that she wouldn't be bothered anymore. [ 19 ] Mr. Alkenbrack was born and raised in the Lower Mainland. He has a younger brother and three half-sisters. He does not have much contact with his half-sisters. His younger brother is currently in a special residential program in Abbotsford for people with ADHD and other issues. [ 20 ] Again, according to the Gladue Report , Mr. Alkenbrack's father passed away when Mr.

Alkenbrack was 16 years old: This was an extremely traumatic event in the life of James. He recalls that he had heard his mother calling his father's name and came into the kitchen and saw his father slumped over the kitchen table. He was dead. There was no confirmed cause of death provided to the writer, however, it was suggested that it may have been a drug induced heart attack. It was indicated to the writer that Arthur was extremely overweight, an alcoholic, and a chronic crack smoker which may have contributed to his death.

In any event, this was a life altering situation for both James and Eddie [Eddie is the younger brother]. It was their father they could count on (somewhat) to try to provide food by whatever means whereas their mother could not be relied upon to provide anything whatsoever. According to both James and Eddie, their mother was rarely around and when she was she was intoxicated. Diane would be either gone or under the influence of alcohol and/or crack cocaine. [ 21 ] In his early years, Mr. Alkenbrack experienced physical beatings from both parents.

They used belts or sticks that often left welts on his buttocks and they caused other injuries to him. His father was charged with assault for one such beating. As at this time his mother was not at home, both Mr. Alkenbrack and his brother were taken into foster care. [ 22 ] Again, quoting from the Gladue Report : James expressed that his father would be physically abusive to both the boys.

He told the writer that Arthur (father) told him that "their beatings were far less severe than the ones he had to endure in residential school and at home". [ 23 ] Turning now to the Forensic Psychiatric Report that is dated October 20th, 2011 and prepared by Dr. Stanglund (phonetic). [ 24 ] At p. 5, Dr. Stanglund said:

This type of corporal punishment went on until James was about 10. After that, his father more or less let James and his brother do what they wanted. James went on to elaborate that "We grew up in a crack shack and after that he didn't care what we did". James went on to report that the people who lived next door were drug dealers and they began to come over and smoke drugs with James's parents. Ultimately, there was a meth lab upstairs in their house. James recalled seeing a lot of people getting beaten up in prolonged and cruel ways.

He remembered an incident where their house was shot up with guns by some rival drug dealers who were trying to scare them off. He also described seeing people shooting heroin on a regular basis. James did not think that his parents were involved in any gang activity, but he was not so sure about the people who lived next door. He admitted that there were a lot of bad people coming and going and lots of violence in the home. He was never a direct victim of the violent but he witnessed a great deal. Finally, the police raided their home when he was 15.

During that raid, the police tasered people but no charges were brought against his parents. [ 25 ] The Forensic Report goes on: James emphasized that the things that he witnessed in his parents' home helped him see that this was not a lifestyle that he wanted. He saw the effects of drugs on people and he saw a lot of people going to jail. [ 26 ] Further on at p. 6 of the Forensic Report: James' mother is now living in Richmond. She was never employed throughout James' childhood. James stated that she used drugs pretty well throughout his time at home but she hid her drug use when they were younger.

As he got older, however, she used drugs openly. Mostly, she smoked crack in front of them, but she used other drugs as well. James referred to a time when he was 16 and his mother was subjected to a drug test and she was found to have any different types of drugs in her system. When he was older, his mother was living with a boyfriend, Mark, who was a daily alcoholic. He would typically consume about 15 beers a day. James' mother would have about eight beers a day. I enquired as to whether she might have been drinking during her pregnancy with him but he was not sure.

He noted, however, that he had learning problems in school. [ 27 ] The Report goes on: James stated that his mother was loving and nurturing when he was young. She did not however care as much after she got involved in using drugs. She typically provided meals and James thought that she showed an interest in him. He felt close to her. [ 28 ] As both of Mr. Alkenbrack's parents were unemployed, the family's source of financial support was social assistance.

He and his brother, often encouraged by one or both parents, stole food on a regular basis so that they would have something to eat. [ 29 ] Turning back to the Forensic Report at p. 7: James was in foster care at least four times. When he was in grade four his father was in jail and his mother disappeared. They were taken into care for about a year. James did not form any real attachment to the foster parents. The next time he was in care was when he was 16. His father had passed away a few months earlier and the house was condemned.

James recalled that the police came and saw the windows of the house were all smashed out and the walls were caved in from people fighting in the house. The house was determined to be unliveable. His mother could not find another residence so James and Eddie went into care. James remained in care until he was 19. He stated that he became emotionally attached to the foster parents that he had been with, but he did not keep up with the relationship after he left the home. He does not communicate with these foster parents now. I enquired as to whom he was most emotionally connected with and he replied, "Nobody".

After foster care, James was on assisted living. He did attend a job rehabilitation program. After that he went to live with his mother and continued receiving social assistance. [ 30 ] Mr. Alkenbrack never had a steady girlfriend but he has had female friends with whom he had sex. He has had five sexual partners. They usually initiated the sexual involvement. [ 31 ] Although not properly diagnosed at this point, it appears that Mr. Alkenbrack may have suffered head injuries when he was a child. [ 32 ] He does not have any work experience to speak of. Mr.

Alkenbrack's education was not encouraged in the home. [ 33 ] Mr. Marquhart is quoted in the Gladue Report as saying: The crack community would hang around all night and the boys could not possibly sleep with that going on. [ 34 ] Mr. Marquhart does not doubt that their education suffered as a result. [ 35 ] In both the pre-sentence report and the psychological assessment, Mr. Alkenbrack admitted that he always had difficulty concentrating in class. I note however there have been no formal assessments of ADD or FASD. [ 36 ] Mr.

Alkenbrack is a very good artist and he has participated and done very well in a variety of sports. He did complete part of grade ten. During his education and his school years, he moved to seven different schools. He quit high school because he was worried about the junkies at home stealing his belongings. He did attend an alternate school after leaving high school and he did do well at the alternate school. [ 37 ] Turning to more detail in the forensic assessment. [ 38 ] It is based on a three-hour video conference as well as testing.

The testing done included the Wexler Adult Intelligence Scale No. 4, Personality Assessment Inventory, Million Clinical Multiaxial Inventory, and the Psychopathy Checklist Revised and the Sexual Violence Risk Assessment Instrument. [ 39 ] There is a caveat in the report prepared by Dr. Stanland and it is as follows:

The results provided below are given with the understanding that James' effort on the testing was observed to be less than optimal. Consequently the scores given might well underestimate his true ability. Speculating about what the test results mean, it would appear that he is probably of borderline to low average ability with non-verbal skills that are more highly developed than his verbal abilities. It is likely that he is deficient in his ability to formulate and express his thoughts and experiences in words.

Based on his description of his upbringing it seems likely that he had little encouragement for such expression. He probably processes his experiences more at a non- verbal level than in language and this is likely to have consequences for his ability to reflect upon his thoughts, feelings, and experiences. It might diminish the extent to which he is able to assert control over his behaviour through cognitive controls and lead to more impulsive poorly formulated patterns of behaviour. Personality tests do not reveal any major Access 1 psychopathology such as serious mental illness, anxiety or depression.

There are, however, a number of significant personality problems evident. The results globally suggest an individual who struggles with fears of rejection and insecurity, low grade depressive symptomotology, passive-aggressive tendencies, and some anti-social features. The clinical picture is likely worsened by problems of alcohol abuse. Risk assessment measures indicated a low degree of similarity in personality and behavioural characteristics with individuals who are most chronically involved in criminal activity.

In considering the risk for sexual abuse and sexual violence, there is some positive indicators of higher risk evident including: 1. His offences raised the question of a pattern of deviant sexual arousal focussed on aggression, but his description of his motives and actions suggests that this is less likely. 2. He has a history of being physically abused, neglected, and exposed to violence during childhood. 3. He has a problem with alcohol abuse. 4. He has had difficulty initiating and maintaining intimate relationships. 5. He has not yet found gainful employment. 6.

There might be a pattern of escalation through his sexual violence, although this is difficult to determine. 7. The victim reported that he pinched her vagina to get her to agree to performing oral sex although James denies this. (I add that at sentencing he did agree). 8. His report of events differs substantially from that of the victim suggesting he might be minimizing his actions. 9. He seems to have few plans for the future and he gives the impression of having difficulty formulating such plans. Factors that might be considered to reduce his risk of offending include: 1. He is not psychopathic. 2.

He does not suffer from a major mental illness. 3. He is not suicidal. 4. He has no prior convictions for violent behaviour. 5. He has no prior convictions for non-violent behaviour. 6. He has no prior convictions for breaching conditions of a legal order. 7. There is no indication of high intensity patterns of offending. 8. He committed only one type of offence. 9. He did not use weapons or make threats of death. 10. He did not appear to rationalize or justify sexual offending. 11. He appears to be relatively well motivated to participate in therapy.

When the total picture is taken into consideration, James appear to present a moderate to high moderate risk of sexual recidivism and sexual violence. The risk level is very much dependent on the extent to which he is able to address some of the problems that precipitated his offending in the first place. [ 40 ] The author goes on to recommend treatment for sexual offenders. [ 41 ] It is in my view important to note that Mr. Alkenbrack immediately told his mother after committing the offence against W.B., that he did something bad, that there were other girls involved and the police were looking for him.

He said, "I don't want to be a rapist. I don't want to be like that". He has expressed remorse on many occasions and he has also expressed that he wants treatment. [ 42 ] Turning now to submissions. [ 43 ] Crown counsel submitted that for the sexual assaults there should be a penitentiary sentence of four to six years, less time served,

which as of today should be calculated at 20 and one-half months. [44] Crown says that for the assault of his mother, Mr. Alkenbrack should receive a two to three month consecutive sentence. [45] Crown relied on three cases. The first one was R. v. Billyboy, 2011 BCSC 366 , 2011 Carswell BC 713, a decision ofour B.C. Supreme Court. This was a sexual assault of a stranger. Mr. Billyboy was 18 years old at the time of the offences. He had alengthy criminal record and was well entrenched in a criminal lifestyle. At the time of sentencing, he still denied the offence. After apreliminary inquiry and trial, Mr.

Billyboy was sentenced to five years less two years and three months for time served for a sentenceremaining of two years, nine month. [46] Crown also referred to R. v. Scott, 2009 Carswell MB 535 (Q.B.). This is a guilty plea to a brutal sexual assault. Mr. Scott spent30 months in pre-trial custody. There was a joint submission by counsel of seven years. That was rejected by the judge who started thesentence calculations at eight and a half years. Mr. Scott was given credit for 42 months in remand or pre-trial custody and wassentenced to an additional five years in a penitentiary.

The Court noted amongst other things that a federal sentence was required so thatMr. Scott had a reasonable opportunity for treatment. [47] Finally the Crown referred to R. v. Myers, 2000 Carswell ONT 1798 (Ont. Sup. Ct. Just.). This was a guilty plea after apreliminary inquiry to sexual assault, threatening, and breach of recognizance. This is what is commonly referred to as "stranger rape". The offender had a long criminal record and a history of alcohol abuse. He did express remorse for what he did do. The justicedescribed the offence as one of "stark horror".

In this decision the justice started at the maximum sentence of ten years. As Mr. Myershad spent 15 months in pre-trial custody he was credited for 30 months. The justice also credited for Mr. Myers for one year for havingpleaded guilty. The balance of the sentence to be served was six and a half years for sexual assault. [48] Defence asks me to consider a shorter sentence being about three years and then deducting the time served of now 20.5 months. That would allow Mr.

Alkenbrack to serve his sentence in the provincial system and likely he would serve that sentence at FordMountain Institution, the location of sexual offender treatment. [49] Defence also pointed out that I could also add three years probation with certain conditions to follow. [50] Turning now to the sections of the Criminal Code. I will not read them all into the record, but I have considered thefundamental purpose of sentencing as set out in s. 718. I have considered ss. 718.01, 718.1, 718.2 with special consideration subsection(

e) that the Court shall also take into consideration all available sanctions other than imprisonment that are reasonable in thecircumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders. [51] In the matter before me there are mitigating circumstances. Mr. Alkenbrack pleaded guilty to all of the offences before me. Hehas taken responsibility for what he did do. He is sorry for what he did do. He wants help. He is a young man and up until now did nothave a criminal record. [52] There are aggravating circumstances.

These are serious offences in and of themselves but the circumstances, especially thesexual assault of W.B. are all particularly aggravating. There are two sexual assaults of strangers, one involving penetration, all veryaggravating circumstances for very serious offences in my view. [53] Turning now to the analysis for sentencing aboriginal offenders. [54] This analysis was set out in R. v. Gladue, (SCC), [1999] 1 S.C.R. 688 by the Supreme Court of Canada. Atpara. 66, the Supreme Court clarified the meaning of "circumstances of aboriginal offenders".

The Court wrote: [66] How are sentencing judges to play their remedial role? The words of s. 718.2(

e) instruct the sentencing judge to pay particularattention to the circumstances of aboriginal offenders, with the implication that those circumstances are significantly different from thoseof non-aboriginal offenders. The background considerations regarding the distinct situation of aboriginal peoples in Canada encompass awide range of unique circumstances, including, most particularly: (

A) The unique systemic or background factors which may have played a

part in bringing the particular aboriginal offender before thecourts; and (

B) The types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of hisor her particular aboriginal heritage or connection. [55] The Court went on at para. 69: [69] In this case, of course, we are dealing with factors that must be considered by a judge sentencing an aboriginal offender.

Whilebackground and systemic factors will also be of importance for a judge in sentencing a non-aboriginal offender, the judge who is calledupon to sentence an aboriginal offender must give attention to the unique background and systemic factors which may have played a partin bringing the particular offender before the courts.

In cases where such factors have played a significant role, it is incumbent upon thesentencing judge to consider these factors in evaluating whether imprisonment would actually serve to deter, or to denounce crime in asense that would be meaningful to the community of which the offender is a member. In many instances, more restorative sentencingprinciples will gain primary relevance precisely because the prevention of crime as well as individual and social healing cannot occurthrough other means. [56] In my view there can be no question that the offences before me are serious.

It is well established law that the more serious theoffence, the lesser role the unique circumstances of the aboriginal offender will play in sentencing. That of course is set out in R. v.Wells, 2000 SCC 10 , [2000] 1 S.C.R. 207. [57] Both counsel before me have not sought sentences other than sentences that involve jail. In my view, they are being realistic

given the seriousness of the offences, the number of offences, and that there are real victims. Of course I have to consider protection of the public. [ 58 ] Even though the Crown's cases may be distinguishable on the facts, in my view there must be jail to properly address the principles of sentencing. [ 59 ] Defence has not sought a conditional sentence order and again has taken a very realistic position in my view. [ 60 ] What are Mr. Alkenbrack's unique circumstances? He comes from generations of grinding poverty, violence, and neglect.

His life is characterized by instability, ineffective and indifferent parenting, little if any education, exposure to substance abuse, trauma, and dislocation from his own culture and extended family. [ 61 ] Can the Court take a restorative approach in sentencing? In the matters before me, restitution just simply is not possible. I have to consider Mr. Alkenbrack's reintegration into society but I also have to consider his risk to re-offend, especially if he remains untreated. These factors make it more difficult to take an entirely restorative approach to sentencing. [ 62 ] What is the role of imprisonment?

Would it act as a deterrent and denounce his actions in his community? Mr. Alkenbrack's community is difficult to define given his very few if any friends and his family has been well entrenched in the criminal sub-culture for most if not all of his life. [ 63 ] What is important in my view is to consider individual and social healing. In other words, rehabilitation. Mr. Alkenbrack has expressed remorse and has expressed his desire for help. He is young. All of these bode well for rehabilitation.

There are programs for sex offenders in both the provincial and federal systems, however I note for the record after further research there are no programs in either system specifically for aboriginal sex offenders. [ 64 ] Continuing with rehabilitation and healing, it is important too that Mr. Alkenbrack have access or at least have the opportunity to restore the ties to his own culture and his family. The issue is really in which system should Mr.

Alkenbrack serve his sentence: the federal system or the provincial system? [ 65 ] I am going to read in two memoranda that have been provided to me about programming. One is from Laura Matthews, the writer of the Gladue Report . It is dated December 14th, 2011 and I quote: I write to provide supplementary information requested by the Court regarding resources available for sex offenders in both the provincial and the federal correctional schemes. Provincial Institution: Ford Mountain Correctional Facility/Sexual Offender Program. The writer contacted the facility and was directed to Mr.

Todd Bowden, the Assistant Warden who provided the following information: the program is run by Dr. Lynn Pichea. The program accepts up to 12 participants per session. The program consists of once a week attendance over the span of three months. One-on-one counselling is available. The need is determined by the doctor. The program denies at least 20 to 30 offenders per year due to the sentence time and the availability of the program's start times and no direct information regarding aboriginal connecting provided.

Federal Institution: Mountain Institution Information provided by Brent Alam (phonetic), Assistant Warden. There are two levels of treatment for sexual offenders within the federal corrections system: moderate, 50 group sessions with a psychologist; maximum, 100 group sessions with a psychologist; one-on- one counselling available and Native elders available on site as per request. [ 66 ] Also, a further memo from Crown counsel Ms. Linton dated December 13th, 2011: Further submissions on the following issue were requested.

Are there programs at either the federal or provincial court [I assume that is corrections] level that are geared specifically towards aboriginal sexual offenders? I initially contacted Nicholas Serna [phonetic] the author of the pre-sentence report. He advised that there are not any programs specifically for aboriginals at either the provincial or federal level. The only other option he was aware of was that the offender may receive one-on-one counselling with a specific counsellor that was trained in that area. I also spoke with the Deputy Warden of Surrey Pre-trial Centre, Fred Stratton [phonetic].

He seemed to have provided some information for the Gladue Report . Mr. Stratton spoke with the program director at Ford Mountain, a provincial institution, as he suspected that if any institution were to have that type of programming Ford Mountain would be the most likely. He advised that there not any programs specifically for aboriginals. He advised that they run three general sexual offender programs throughout the year but none for aboriginals specifically. [ 67 ] Bearing in mind the law and also Mr. Alkenbrack's own circumstances, it is imperative that he have treatment for sexual offending.

In my view, that has to be intensive programming and this must occur before he is allowed reintegration into society and that may be self-evident: it is to protect the public. This is so especially given his risk to re-offend.

The intensive programming of course is available in both systems but my reading of the information before me is that a more intensive program is available in the federal system. [ 68 ] As I have stated earlier, the case law provided by Crown may be somewhat distinguishable on the facts but given the seriousness of the offences before me, in my view the range suggested by Crown is appropriate. I also stress in Mr. Alkenbrack's case it is important that he have access to elders. [ 69 ] In applying the Gladue, supra , principles for sentencing, I have to state for the record it is with the greatest reluctance that I

consider the federal system for any young first-time offender. [ 70 ] In my view, these are the appropriate sentences: Information 84478-2C, Count 1: that is the sexual assault of A.N. There will be a penitentiary sentence of three years less 20.5 months for pre-trial custody, for a remaining sentence of 15.5 months. On Count 2: the sexual assault of W.B. The sentence starts at five years less 20.5 months for an additional three years and 3.5 months in a penitentiary. Those sentences are concurrent with each other. Information 84477-1, Count 1: the assault of Diane Taylor.

There will be a consecutive two month jail sentence. [ 71 ] Then on Information 84478-2C on both Counts 1 and 2, there will be the following ancillary orders: under s. 109 of the Criminal Code a ten-year firearms prohibition; on both counts which are primary offences, there will be DNA samples. On Information 84477-1, Count 1, there will be a DNA sample; it is a secondary offence. [ 72 ] Given the nature of the sentences, I think it is appropriate to waive any surcharges. [ 73 ] The outstanding counts, please? [ 74 ] MS. LINTON: Crown directs a stay of proceedings. [ORAL REASONS FOR SENTENCE CONCLUDED]