R. v. T.G.T. Date:, 2014 BCPC 210

Citation: R. v. T.G.T. Date: 20140812 2014 BCPC 0210 File No: 3023-1;4811-1;4828-1 Registry: Port Alberni IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. T.G.T. ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE P. DOHERTY Youth Matter - Restriction on Access s.118 & s. 110 YCJA BAN ON PUBLICATION 486.4(1) CCC; RESTRICTED ACCESS Counsel for the Crown: G. Baines Counsel for the Defendant: S. Littley Place of Hearing: Port Alberni , B.C. Date of Hearing: August 12, 2014 Date of Judgment: August 12, 2014

[ 1 ] THE COURT: Before the court for sentencing is T.G.T., date of birth December 21, 1996. [ 2 ] He is charged, being a young person within the meaning of the Youth Criminal Justice Act, on Information 4811, with uttering a threat to a schoolmate, this happened while on a bus. The accused had a razor blade in his hand at the time. The offence date was 7 February 2013, and took place here in Port Alberni. [ 3 ] T.G.T. is also charged on 3023 under the Youth Criminal Justice Act w ith an assault on a fellow inmate, 13 August 2013, in Victoria.

This, it should be noted, was after he was remanded in custody on the most serious charges he faces today. [ 4 ] He pled guilty to both the threatening and assault charges. [ 5 ] The most serious matters are those contained on 4828, Counts 2 and 4. Count 2: . . . on or about the 21st day of May, 2013, at or near Port Alberni, in the Province of British Columbia, committed aggravated . . . assault of F.J. contrary to Section 273(2) of the Criminal Code .

Count 4: . . . on or about the 21st day of May, 2013, at or near Port Alberni, in the Province of British Columbia, with intent to enable himself to commit the indictable offence of sexual assault, did attempt to choke, suffocate or strangle F.J., contrary to

Section 246 (

a) of the Criminal Code . [ 6 ] T.G.T. pled guilty to those offences as well. [ 7 ] The circumstances in regard to these latter two offences are horrifying. The victim was, at the time, a visitor to this country. She was 15 years of age, an exchange student, innocently walking home from school when T.G.T. jumped her from behind, put a chokehold on her, and dragged her off into the woods, nearly rendering her unconscious. [ 8 ] This young man then ripped the clothing from the body of this young woman and sexually assaulted her violently.

Sexual assault does not even begin to describe what he did to her over the course of the time he had her in his power. Crown used the term "rape", as in he repeatedly and forcibly raped this young girl, vaginally and anally. She was a virgin. He tore her vagina so badly that she had to undergo surgery under general anaesthetic to repair the damage. [ 9 ] The assault was so violent that this young woman was afraid that T.G.T. was going to kill her and she begged him not to kill her. He struck her repeatedly with rocks in or about the head and face. She tried to run, to get away from him; that did not work.

She tried to play dead; that did not work. He left her alone for a while. Fifteen minutes later he returned, and he started his sexual assault all over again. He forced himself into her anus and into her vagina. He forced her to fellate him at least twice, and he ejaculated in her mouth. [ 10 ] In the victim impact statement, the complainant says she was in hospital for two weeks. Her injuries were so serious that at the time they discovered her, she had to be airlifted to Victoria from Port Alberni. She says five of her teeth were broken. She has a broken bone around her eye.

The SANE report marked as Exhibit 2 in these proceedings outlines in great detail the nature and extent of this young victim's injuries. [ 11 ] The injuries were caused by the sexual assault, of course, but also from T.G.T. striking his victim about the head with various rocks. [ 12 ] The serious injuries to her head are evidenced from the photographs submitted. It was a sustained, vicious, repeated, horrifying assault. The fact that T.G.T. did not kill her does not seem to be for lack of trying. [ 13 ] I have received an enormous amount of material in aid of sentencing.

An astonishing number of professionals have submitted lengthy reports and even addendums to their reports. T.G.T. is one of the most thoroughly - examined and commented - upon youths I have ever seen. [ 14 ] There is good reason all these resources have been directed toward trying to understand this youth. He is a highly - dangerous, violent individual, who has potential to commit another such offence once released, and most troubling of all is the unanswered question of whether he is even treatable. [ 15 ] T.G.T. had an awful upbringing, simply awful. His mother drank while she carried him.

The result is a fetal alcohol child who has now grown to be a six - foot - two, 240 - pound man - child. He was neglected, abused as a child under four and perhaps beyond. Mr. Littley, his counsel, uses the term or word "tortured" in describing some of the things that happened to T.G.T. when he was young and, quite frankly, that word seems to apply. [ 16 ] There was no stability in his life, even after he was taken into permanent care.

He went through 17 placements with 12 different caregivers in four different communities. [ 17 ] With that background, the ticking time bomb that is T.G.T. today was created. [ 18 ] All of the materials prepared and submitted by the professionals are helpful but discouraging. He is presently being managed with medication and very close supervision, even though that close supervision did not prevent him from assaulting another inmate.

[ 19 ] It is not all doom and gloom. There are some glimmers of hope that, with intensive treatment, T.G.T. might prove less of a risk once released. I thought Crown counsel made a good point that if there was ever another incident like the one that brings us here today, Crown would seek a dangerous offender designation.

Given that comment, the materials I have read, and the nature of T.G.T., the Crown would be negligent not to bring such an application. [ 20 ] In any event, some professionals, although concerned, think given his age and with intensive support and therapy, T.G.T. might at least be able to control his anger and impulses. That day, unfortunately, is a long way off. [ 21 ] I have been provided case law with a range of sentences in cases somewhat like ours, none of them are exactly on point, that range between five and eight years.

Counsel agree that T.G.T. should be sentenced as an adult, and jointly submit a term of six years is appropriate. [ 22 ] In passing sentence, I have taken into account his age, his background, including his aboriginal background, his mental health issues and deficiency, and his pleas of guilt. I am also cognizant of those principles of sentencing set out in the Criminal Code and those principles set out in the Youth Criminal Justice Act . [ 23 ] The most immediate concern, and even Mr. Littley seems to agree with this, is to protect the public. Of course, with a sentence this length, Mr.

Littley is hopeful that his client will benefit from any treatment that would be available to him while in custody. In the long term, of course, that is to the benefit of the general public as well. [ 24 ] The sentences presented jointly by counsel are as follows.

Stand up. [ 25 ] Under 4811, 7 February 2013, threatening charge, a custody and supervision order of 21 days, with a two - third/one - third split. [ 26 ] On 3023, 13 August 2013, assault, 60 - day custody and supervision order with a two - third/one - third split. [ 27 ] On 4828, on both Counts 2 and 4, six years' imprisonment concurrent, with credit for time served at one and a half days per day in prison.

Crown is prepared to consent to rounding that up to pre - sentence time of two years, leaving four to serve. [ 28 ] All sentences are to run concurrently with one another. [ 29 ] There will be a DNA order on File 4828. [ 30 ] There will be a SOIRA order for life. [ 31 ] There will be a s. 109 prohibition in relation to prohibited and restricted weapons for life, and 10 years in relation to any other type of weapon. [ 32 ] In regard to the custodial sentence, pursuant to s. 76 of the YCJA , T.G.T. will remain in a youth facility for the first two years of his sentence. [ 33 ] Finally, it is evident from the joint approach to sentencing, the materials provided, the efforts to find a fair and just resolution to this matter, that counsel have put in a great deal of effort.

Mr. Littley graciously acknowledges, in particular, the role played by Crown counsel, Mr. Baines. The Court wishes to acknowledge this work and expresses its gratitude to both counsel for their efforts in assisting the Court to resolve a most difficult case. [ 34 ] Mr. Baines, you still have to deal with the outstanding counts. [ 35 ] MR. BAINES: Yes, thank you, Your Honour. The Crown directs a stay of proceedings on all outstanding counts. (REASONS CONCLUDED)