r v. Shannon, 2013 QCCQ 5751

R. c. Lisi-Charlton 2013 QCCQ 5751 COURT OF QUEBEC Criminal and Penal Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL CITY OF MONTRÉAL N o : 500-01-069802-129 DATE: 3 April 2013 _____________________________________________________________________________ BEFORE THE HONOURABLE PATRICK HEALY, J.C.Q. _____________________________________________________________________________ THE QUEEN Prosecutor v.

Shannon LISI-CHARLTON Accused _____________________________________________________________________________ JUDGMENT _____________________________________________________________________________ [ 1 ] On 27 February 2012 Ms. Lisi-Charlton foolishly joined her boyfriend and two others in a break-and-enter. She pleaded guilty to one count in July 2012. [1] What is a just, fit and appropriate sentence? The prosecution seeks a suspended sentence with a term of probation. The defence proposes a conditional discharge.

The point in common would be conditions but the consequences are, obviously, different. [ 2 ] A fit sentence must be proportionate to the gravity of the offence and the degree of the offender’s responsibility for participation in it. It must also take into account the other principles and objectives of sentencing enumerated by Parliament in sections 718, 718.2 and 718.3 of the Code, and further elaborated in the jurisprudence. Further, a conditional discharge could not be considered fit or proportionate if it is not in the interests of the offender and otherwise consistent with the public interest. [2] [ 3 ] Ms.

Lisi-Charlton had just passed her eighteenth birthday at the time of the offence. She has had no other confrontations with the law and she pleaded guilty without hesitation. She admits that her conduct was foolish and she has expressed remorse for it. She has said that she wishes earnestly to redeem her mistake and to embark upon a productive life in the community by academic studies and gainful employment. She says not only that she has learned a lesson but that she is committed to a good life within the law. [ 4 ] Since she pleaded guilty Ms.

Lisi-Charlton has had some difficulty in maintaining her studies and employment diligently. The pre-sentence report and her own testimony in court suggest that these difficulties are not attributable to indifference or lassitude but to her relative immaturity in coping with some of life’s challenges. The prosecution has underscored these difficulties as an indication that Ms. Lisi-Charlton has squandered the chances she has been given thus far. For its part the defence submits that these shortcomings cannot so aggravate the circumstances as to disqualify Ms.

Lisi-Charlton from the option of a conditional discharge. The defence suggests that the difficulties encountered by Ms. Lisi-Charlton in maintaining her studies and employment have been chiefly logistical and in no way diminish her remorse or her desire to put herself on the road to a productive, law-abiding life in the community. [ 5 ] There are several differences between the dispositions proposed respectively by the parties.

Apart from other factors, the principal consideration is the duration and severity of a criminal record that would follow a suspended sentence with probation until such time as a pardon might be secured. [ 6 ] A conditional discharge can be a proportionate sentence within the meaning of

section 718.1, and otherwise consistent with the objectives and principles of sentencing, only if it is in the interests of the offender and not inconsistent with the public interest. The Court of Appeal reviewed these notions in Corbeil-Richard [3] and its restatement of the relevant criteria has been followed in many more recent cases. I intend to do the same. [ 7 ] I have already noted that Ms. Lisi-Charlton is young and that she is genuine in her remorse for the offence she committed and in her determination to redeem the mistake she made by study and gainful work.

She has the opportunity and the will to become a productive member of society. Conversely, she must be forced to realise the seriousness of criminal conduct and society’s intolerance of it. The offence she has admitted is particularly serious, even if there is no material damage, because it discloses a wilful disregard for the privacy and security of others - and their property. [ 8 ] A suspended sentence with probation does not preclude the objectives of rehabilitation and an increased sense of

responsibility. My concern in this case, given all of the factual considerations I have stated, is that the duration of a criminal record until a pardon is secured would be disproportionate in the circumstances. For this reason I shall order a conditional discharge but in doing so I wish to make clear to Ms. Lisi-Charlton that she will have to comply fully with the conditions imposed. By doing so she will provide evidence that this court can have confidence in her determination to make amends for her mistake and to lead a productive life under the law.

FOR THESE REASONS there will be a conditional discharge that will take effect twelve months from today, subject to the following conditions: You must keep the peace and be of good behaviour. You must report to a probation officer with twenty-four hours of this judgment and follow any recommendations made by that person. You must state your address and you must notify your probation officer in writing before making any change of address. Within twelve months from today you must complete sixty hours of community service.

You must attend court as required and, in any event, you must appear before me once in June 2013, September 2013, December 2013 and March 2014. Sans frais et sans suramende. ____________________________________ PATRICK HEALY, J.C.Q. M e Marie-Christine Richard For the prosecution M e Sarah Mimran For Ms. Lisi-Charlton /