R. v. Payne Date:, 2014 BCPC 361

Citation: R. v. Payne Date: 20141205 2014 BCPC 0361 File No: 36813-2-C Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. GARY ERNEST PAYNE REASONS FOR SENTENCE OF THE HONOURABLE REGIONAL ADMINISTRATIVE JUDGE M. J. BRECKNELL Counsel for the Crown: S. Mengering Counsel for the Defendant: F. F. Fatt Place of Hearing: Prince George , B.C. Date of Hearing: December 5, 2014 Date of Judgment: December 5, 2014 [ 1 ] THE COURT: This is my decision on sentencing on File Number 36813-2-C, the matter of Regina versus Gary Ernest Payne.

[ 2 ] On that information, Mr. Payne has pled guilty to Count 2, which alleged that on November 5, 2012, here in the city of Prince George, Mr. Payne: . . . did unlawfully observe or record several women by means of a hidden camera, where the persons observed or recorded were nude, or exposed their genital organs or anal region, contrary to Section 162(1) (

b) of the Criminal Code. [ 3 ] The facts of the situation that resulted in the charge as follows. [ 4 ] Mr. Payne was a regular customer of a local bookstore. On the day in question, at approximately 2 o'clock in the afternoon, he entered the bookstore and went into a washroom which was regularly used by women but also used by others, and hid a camera in the towel dispenser of that washroom.

He went into an adjacent washroom and checked the camera, using his smartphone, to see if it was recording and transmitting and noticed that after the first person who had come into the washroom and left, the camera was not pointed to the angle that he wished. He went back into the washroom, adjusted the camera angle, and then recorded for a short period of time. [ 5 ] By going in and out of the washroom where the camera was, however, he himself was recorded, and he was also recorded by the cameras in the store showing when he arrived and when he departed.

At the time, he was wearing distinctive clothing, and he was well known to the store employees. [ 6 ] Approximately 45 minutes after the camera was first installed, a staff person went in to clean the washroom and discovered the camera pointed at the toilet. At that point, with Mr. Payne being right next door in the other washroom, he left immediately. The staff member went to the manager, and the police were called, and utilizing both the camera footage from the store and other information, the police very quickly ascertained who the culprit was and arrested Mr.

Payne. [ 7 ] During the period of time the camera in the washroom was in operation, seven adult women used the washroom and were, at various points in time, in a state of undress. [ 8 ] When he was arrested, Mr. Payne gave a brief statement to the police in which he blamed his activities on the Internet and acknowledged that he had attempted the day before to utilize the camera equipment but that it did not work properly on that occasion and that he had to make some adjustments before he was able to make it work. [ 9 ] Mr. Payne did not come to utilize the equipment in the washroom by serendipity.

He had, according to the information provided to the court, for many months prior, been observing adult pornography on the Internet. His interest focused on what could be described as voyeurism pornography; in other words, observing people on the Internet who either were unaware that they were being photographed in various sexual activities or, alternatively, were actors acting like they were unaware of being filmed. That observation of pornography led Mr.

Payne to investigate and eventually obtain the necessary camera equipment to commit the offence for which he has pled guilty. [ 10 ] This was not something that occurred over a brief period of time. In other words, it is not something that Mr. Payne observed on day one, thought on day two that it would be a good idea to obtain camera equipment, then on day three implemented it. This was something a fairly long time in the making. [ 11 ] Mr. Payne is 49 years old.

He does not have a criminal record, but I would say, parenthetically, he has been involved in previous criminal behaviour which, although not relevant for the purposes of sentencing, is relevant for the purposes of certain opinions formed by experts retained to determine Mr. Payne's likelihood of reoffending. [ 12 ] According to the information provided by the pre-sentence report, Mr. Payne's upbringing was uneventful. He lived in a stable home with his family. He has been engaged in meaningful employment for the vast majority of his life. He is socially active in the sporting world.

He takes care of himself physically. He likes to participate in various sporting activities.

He attends church. [ 13 ] He has had some financial difficulties in the past that resulted in him going bankrupt at one point, but generally, at this point in time, he is financially stable. [ 14 ] Although he generally maintains himself physically, in the months prior to this offence, he began to ignore some of his physical activities, spending more and more time observing pornography on the Internet. [ 15 ] He has been treated for depression for approximately 15 years by his general practitioner, and given the demands of his present employment, he is unable to work out as much as he would like, and he is of the view that if he had more time to work out, he would have less need for the prescription medication that he is taking for his depression. [ 16 ] At the present time, Mr.

Payne is a single person. He has had some previous interpersonal relationships and partnerships with people, with women, but over the past several years, that has not been a component of his life. He socially uses substances such as alcohol and marihuana, but there is no indication from either the pre-sentence report or the forensic psychiatric report that he suffers from substance abuse at this time. [ 17 ] When Mr. Payne was arrested for these offences, he told the police and subsequently he has told the pre-sentence report author that his offences were as a result of what he described as the Internet.

He described to the pre-sentence report author that viewing the pornography made him feel alive and that observing people in a voyeuristic way gave him a sort of elevation of mood or a high. [ 18 ] As I said a few moments ago, Mr. Payne has no criminal record. However, that is because, as a result of some previous charges he faced, he was given a conditional discharge and a period of probation.

Those previous charges were of a sexual nature as well, and in a general sense, they involved allegations of him masturbating in his vehicle but in such a fashion that he was observable and indeed was observed by members of the public. These offences, when they occurred several years ago, were acknowledged by Mr. Payne, and he

was given a conditional discharge with one year probation. [ 19 ] As a result of that situation, Mr. Payne was directed to attend a sex offender treatment program, and he did so, attending each of the required sessions, in fact, on many occasions arriving early, and participating to a level that one could say he completed the program but, in the view of the program coordinator, he did not do much above the minimum necessary.

In any event, in the view of the clinical director of the program, who is a psychiatrist, his risk to reoffend both at the beginning of and the end of that program remained the same: moderate to low. [ 20 ] As part of the pre-sentencing process, Mr. Payne, in addition to meeting with the probation officer, also met with Dr. Morgan, a consulting psychiatrist employed by the Forensic Psychiatric Services Commission. Dr. Morgan was asked to prepare a report and provide his opinion as to the likelihood of Mr. Payne's reoffending in a sexual manner or even generally. [ 21 ] Dr. Morgan met with Mr.

Payne on one occasion for a period of two to three hours, reviewed numerous documentation concerning Mr. Payne, which he derived from a variety of sources, and then Dr. Morgan employed two forms of psychiatric risk assessment, the first being the Static-99R test, which is a 10-item risk assessment instrument that is utilized to consider historic information on a number of factors, and as a result of that, certain classifications are made, and then, based on the scoring of that process, a label for risk is achieved. [ 22 ] The second protocol that Dr.

Morgan utilized was the Risk for Sexual Violence Protocol, which is a process by which, utilizing certain guidelines, the author, being Dr. Morgan, applies his professional judgment in arriving at a conclusion concerning the risk of reoffending, and that is based on a number of different factors, including sexual violence history, psychological adjustment, mental disorders, social adjustment, manageability, and risk scenarios. [ 23 ] Now, there was a great deal of controversy raised during the submissions in this matter surrounding Dr.

Morgan's report as it applies to whether or not he was misdirected in concluding that Mr. Payne had previous criminal convictions for sexual offences when in fact, at law, he has no convictions at all. As a result of the concerns raised by counsel in the earlier submissions, the court determined that it would be appropriate to have Dr. Morgan appear before the court, which he did today, to answer questions surrounding that issue and other issues that counsel wished to raise with him.

When asked about the issue of the conditional discharge and the fact that it was not a criminal conviction and whether that would have had an effect on his evaluation of the risk, Dr. Morgan was quite clear that the Static-99R testing considers not only convictions but charges and that, as a result, his opinion in that regard would not change. [ 24 ] Dr. Morgan's opinion, at the end of the day, was that Mr. Payne would be at moderate risk of committing further sexual offences.

But, there does not appear to be a possibility that future sexual violence could result in victims sustaining serious or life- threatening physical injury and that given the current offence that he was asked to comment on, combined with Mr. Payne's sexual deviance and his severe and chronic interpersonal difficulties. Despite all that, Mr. Payne does not appear to pose an imminent risk of sexual violence and that there is no evidence that Mr. Payne currently poses a substantial risk of general violence or criminality. [ 25 ] Dr.

Morgan, in addition to his opinion, provided some suggestions for the management of Mr. Payne both in the community or if he was incarcerated. He suggested, for example, that Mr. Payne should be engaged in sex offender treatment, that he might be precluded from locations where the general public use washrooms or showers, such as pools, and he suggested that perhaps Mr. Payne should be prohibited from possessing electronic devices which could access the Internet. [ 26 ] Dr. Morgan also proposed that, as a form of treatment, Mr.

Payne should be referred to the sex offender treatment program and that despite his poor work previously, that should be tried again. Given Mr. Payne's chronic depression and some other personality concerns raised by Dr. Morgan, Dr. Morgan was of the opinion he should be referred to a psychiatrist to see whether or not his present medication and treatment is appropriate. [ 27 ] The Crown takes the position in this matter that Mr.

Payne should face a six-month conditional sentence order followed by two years of probation, that he should be subject to a secondary DNA order, and that the camera and phone seized from him on the day of the offence should be forfeited for destruction. [ 28 ] Defence counsel takes the position that it should be a two-year suspended sentence with probation with various terms, including one-on-one sex offender treatment as opposed to treatment in a group setting through the sex offender treatment program. [ 29 ] Counsel did present some cases in support of the various positions being advocated.

Those cases were of some limited assistance because the facts in each of these sets of circumstances are always somewhat different, but suffice to say that the range of sentence being proposed by both counsel falls within the range for these types of offences. [ 30 ] Dealing first with the issues surrounding Dr. Morgan's methodology and his opinions, having reviewed the report and having listened carefully to the questions asked of Dr. Morgan and the submissions of counsel, I find nothing that leads me to conclude that Dr. Morgan's methodology or his opinion is subject to successful attack. Dr.

Morgan is not, in his capacity, being asked to apply criminal law tests or standards. He was asked to apply the necessary psychiatric testing to allow him to form an opinion based on that testing, the two methods of which I have already described. That is, of course, different than the test the court has to apply, which is, at the end of the day, Mr. Payne is, at law, a first-time offender. [ 31 ] I have already referred to Dr. Morgan's suggestions with regard to what I would describe as treatment or assistance to Mr.

Payne to first of all protect the public from further offences by him and second of all to address the underlying issues that have caused the offending behaviour. I specifically do not accept Mr. Payne's assertions that the Internet caused him to commit these offences. I accept that with pornography being ubiquitously available on the Internet, it certainly had the capacity to fan Mr.

Payne's views on things, but I have no doubt that he was acting in a planned and deliberate fashion when he carried out the necessary steps he took to commit the offence. [ 32 ] I also, based on what I have read in the pre-sentence report and Dr. Morgan's report, accept that at this point in time, Mr. Payne does not yet have a full appreciation or understanding of first, his offending behaviour and second the effect that that offending behaviour

had or could have had not only on the seven women who were subjected to being videoed but to the general sense of safety that the community would feel. [ 33 ] It is a particularly socially troubling area when people are advised that there is somebody in the community who is engaging in voyeurism because in our society today, with cameras being practically everywhere, it is not surprising that people take their personal privacy as a very serious matter to protect, and it is a norm in our society that there are certain things that occur that are meant to remain private, and attending a washroom is one of them. [ 34 ] I, of course, in arriving at an appropriate sentence, have to consider the case law that counsel has provided to me, their submissions, the facts of the case, Mr.

Payne's personal background and, as importantly, the provisions of ss. 718 through 718.2 of the Criminal Code . There is no doubt that I must, in this case, denounce Mr. Payne's unlawful conduct. I appreciate that now having been found out and pleading guilty and going through the sentencing process, Mr. Payne undoubtedly is going to feel a great deal of embarrassment and shame.

What he did is likely to become public knowledge, but the amount of embarrassment and shame that he feels, in my view, must also be measured against the embarrassment or potential embarrassment of the victims of the offence and the community's concern about these types of offences occurring. [ 35 ] I have to try to deter Mr.

Payne from further criminal behaviour of this nature, and I think there is a component in this type of case to try to deter others from committing similar offences because without some rebuke by the court, there remains the possibility, given the easy availability of cameras in our society, for others to think this behaviour is worthy of committing because even if the offence is committed, the penalty might not be enough to deter others. [ 36 ] I do not think there is a necessity in this case to separate Mr. Payne from society, and I do think there is an important factor here that Mr.

Payne needs to be assisted in rehabilitating himself not only with regard to these offences, but I think, at least from what his counsel has said, he now clearly understands that he needs some help, whether it be psychological, psychiatric, or otherwise. [ 37 ] At the end of the day, what the court needs to try to attempt here is to stop Mr. Payne from further offending and to direct him to the necessary counselling programs or treatment that will result in hopefully his risk of reoffending being reduced from what Dr.

Morgan describes as moderate and what the sex offender treatment program coordinator described as moderate to low, to a consistent low possibility of reoffending. [ 38 ] Having taken all of those matters into account, the following is my decision. [ 39 ] Mr. Payne, I am going to ask you to stand. I am going to tell you what the outcome is, and then I will have you sit again, sir, because there is a long -- no, no. I will have you stand now, and then I will tell you when you can sit because there are going to be long details. [ 40 ] I am going to sentence Mr.

Payne to a conditional sentence order of four months followed by a probation order of 20 months. [ 41 ] You can have a seat, sir. I am going to tell you what the conditions are because they are rather lengthy. [ 42 ] The four-month conditional sentence order, in my view, addresses the need to denounce and deter Mr. Payne and others. The 20-month probation order, in my view, will assist in rehabilitating him. [ 43 ] The terms of the conditional sentence order will be as follows, Madam Clerk. [ 44 ] 100C. You shall keep the peace and be of good behaviour.

You shall appear before the court when required to do so by the court. You shall report in person to a conditional sentence supervisor no later than 4 p.m. today, December 5, 2014, at the probation office at #101 - 250 George Street, Prince George, British Columbia, and you shall thereafter report as and when directed by the supervisor and in the manner directed by the supervisor. You shall remain within the jurisdiction of the court unless written permission to go outside the jurisdiction is obtained from the court or the supervisor.

You shall notify the court or the supervisor in advance of any change of your name or address, and promptly notify the court or the supervisor of any change of employment or occupation. [ 45 ] 103C, Madam Clerk. After your first reporting to the supervisor, further reporting may include reporting by telephone, at the discretion of the supervisor. [ 46 ] 106C, Madam Clerk.

When first reporting to the supervisor, you shall inform him or her of your present residential address and phone number, and you shall not change your address or phone number at any time without first obtaining the written consent of the supervisor. [ 47 ] 112C, Madam Clerk. For the period of your conditional sentence, sir, you are to remain within your residence or on the lot on which your residence is located at all times, except as follows: (

a) between the hours of 5 p.m. and 9 p.m. each day in order to attend to your personal business; (

b) at any time with the written consent of the supervisor obtained in advance. Such consent is to be given only for compelling personal, family, or employment reasons; (

c) when travelling directly to or returning directly from your place of employment or while in the course of your employment. You shall provide the supervisor with written proof of employment; and then (f), Madam Clerk, in the event of a medical emergency, and then only when travelling directly to or returning directly from a hospital emergency ward. I am going to add a term, Madam Clerk, as another exception: between the hours of 9 a.m. and 12 noon on Sundays to attend religious services because I note in the pre-sentence report there is a reference to your client attending church, Mr.

Fatt. [ 48 ] 114C, Madam Clerk. You shall present yourself at the door to your residence when any peace officer or supervisor attends there for the purpose of determining your compliance with the house arrest conditions of this order. [ 49 ] 115C. You shall respond personally and immediately to the telephone when a peace officer or the supervisor makes a telephone call to your residence for the purpose of determining your compliance with the house arrest conditions of this order.

[ 50 ] 123, Madam Clerk. You shall not possess or consume any alcohol or any controlled substance within the meaning of s. 2 of the Controlled Drugs and Substances Act , except as prescribed for you by a physician. [ 51 ] 124. You shall not enter any liquor store, beer and wine store, bar, pub, lounge, or other business premises from which minors are excluded by the terms of their liquor licence. [ 52 ] Mr.

Payne, I do that not because I find that you have any drinking problem, but if you were in jail, you would not be going to get a cocktail, so you won't be getting a cocktail for the next four months. [ 53 ] 128C, Madam Clerk. You shall not have a functioning Internet connection in your home nor shall you access the Internet from anywhere utilizing any device except for purposes directly and immediately related to your employment with the advance written permission of the supervisor. [ 54 ] 130, Madam Clerk.

You shall not possess any pornographic materials or have any pornographic materials in your home. [ 55 ] Well, the next one, Counsel, I am going to set out what I think I want to do, and I will entertain further submissions if necessary. [ 56 ] 142C, Madam Clerk. You shall attend, participate in, and successfully complete any assessment, counselling, or program as directed by the supervisor.

Without limiting the general nature of this condition, such assessment, counselling, or program may include and relate to sexual offence prevention, psychiatric and psychological health, and you shall comply with all the rules and regulations of any such assessment, counselling, or program.

However, as an alternative to the sex offender treatment program, you may engage in private one-on-one therapeutic treatment, counselling, or programs so long as the person you engage for such therapeutic treatment, counselling, or programs is acceptable to the supervisor in consultation with - and I do not know whether the proper term here is coordinator or director - of the sex offender treatment program. [ 57 ] Then there will be an additional term, Madam Clerk, which will be: You must provide a written consent directed to whoever is engaged to provide you with therapeutic treatment, counselling, or programs - I think I said, Madam Clerk - to release information to the probation officer and the sexual offender treatment program coordinator, all information concerning your attendances at, treatments received, counselling topics covered, and the results of any psychiatric or psychological testing or evaluation performed by the person you engage. [ 58 ] Now, that exact same term, Counsel, I intend to put in the probation order as well in case this process takes longer than the four months of the CSO.

I want to address whether counsel sees any difficulties with what I am trying to accomplish or how I am trying to accomplish it. [ 59 ] MR. FATT: I see none. [ 60 ] MS. MENGERING: No, I think it's fine. The only technical thing is that for the CSO it should be satisfactory to the CSO supervisor, but -- [ 61 ] THE COURT: Yes, oh, pardon me, Madam Clerk -- [ 62 ] MS. MENGERING: -- but yeah, but apart from that, I think it's fine. [ 63 ] THE COURT: Okay.

Madam Clerk, where I said probation officer in the CSO, it actually should be supervisor, and then I am going to just ask you to grab that, the paragraphs, and put it into the probation order when I get to the probation order, Madam Clerk, because I only have notes, and I probably said something different, so I want it to be repeated exactly as I have said it. [ 64 ] So sir, I am directing you to take counselling as, first of all, the supervisor is going to direct and, subsequently, the probation officer is going to direct.

I am going to allow you to go out and find a private person to do it, but that private person has to be somebody who is acceptable to the supervisor or probation officer and then whoever is coordinating this sexual offender treatment program. If everybody says yeah, Dr. X is a perfectly good person to go to, off you go. So it will require some coordination between you and the supervisor/probation officer. [ 65 ] So at the end of the conditional sentence, Madam Clerk, there will be a 20-month probation order. It will have the following terms and conditions. [ 66 ] You shall keep the peace and be of good behaviour.

You shall appear before the court when required to do so by the court. You shall notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation. [ 67 ] 102P, Madam Clerk. Within 48 hours after completing your conditional sentence, you shall report in person to the probation office located at #101 - 250 George Street, Prince George, British Columbia, and after that you shall report as and when directed by the probation officer. [ 68 ] 103P, Madam Clerk.

After your first reporting to the probation officer, further reporting may include reporting by telephone at the discretion of the probation officer. [ 69 ] 106P, Madam Clerk. When first reporting to the probation officer, you shall inform him or her of your present residential address and phone number, and you shall not change your address or phone number at any time without first obtaining the written consent of the probation officer. [ 70 ] There will be no house arrest or curfew during the probationary period, sir. [ 71 ] There will be no restrictions on you consuming alcohol during the probationary period.

[ 72 ] There will be the continuation of the treatment/counselling/programs I have already mentioned, so Madam Clerk, it is 142P, exactly what I put in the conditional sentence order except taking out the word supervisor and putting in the words probation officer where appropriate. [ 73 ] Now, sir, those are all the terms I was thinking of for probation. [ 74 ] Ms. Mengering? [ 75 ] MS. MENGERING: I wonder if Your Honour would consider continuing the no Internet connection -- [ 76 ] THE COURT: Oh, yes. [ 77 ] MS. MENGERING: -- for that period of time?

And I am also wondering about a no-go to Books and Company just for their peace of mind. [ 78 ] THE COURT: Well, you didn't raise that in your submissions earlier, but I think that might have some salutary effect. I don't know. [ 79 ] MR. FATT: Well, I don't -- I don't think there's going to be an issue about Books and Company. I don't think he would want to go there anyway. I don't see any -- I don't see any issue with that.

As far the -- as far as the no Internet is concerned, I would like to -- at some point, you've got to live with it, and I would like to, in the probation order, say that conditions may be imposed by the probation officer, and if I don't like those conditions, or if those conditions are too rigid or whatever, Your Honour still has authority to vary probation, so I would ask that it give the probation officer some discretion on the -- during the period of probation or perhaps after a period, maybe after a year or something of probation, that there be -- or after some period, that he might get Internet connection and maybe on proviso that if he's going to use the Internet he has to have his computer inspected.

I don't know. But you can't live in this -- and we don't want to just cut him loose. You don't want to do that. You don't want to say in 20 months or 24 months from now, you don't want to say you couldn't use -- it's all over, fly at it. You want to have a controlled re-entry into the world of the Internet. That's all I'm suggesting, and if we don't think that -- or Mr. Payne, because I am not retained any more, of course, Mr. Payne didn't think he was being fairly treated, it's always open to him to come back to the court for further adjudication. That's only my rationale for that. [ 80 ] THE COURT: Okay.

Madam Clerk, I am going to back up into the conditional -- I am sorry about this -- back up into the conditional sentence order just for a moment, and we are going to put in a term, Number 120. [ 81 ] Mr. Payne, you shall not attend at or be within five metres of the Books and Company store located in Prince George, British Columbia. That is during the conditional sentence order. I am not going to prohibit him from going there during the probation order. I agree with Mr. Fatt.

If he went there, he would probably be -- well, he would probably get the evil eye from everybody who knows about the situation to the point where he would feel compelled to leave. I mean, I appreciate that the patrons of Books and Company feel concerned and offended by this, but Mr. Payne could have just as easily set this camera up in a Walmart or any other place for that matter. So I am not satisfied it needs to carry on into the probation order. [ 82 ] However, I am satisfied that the no Internet needs to be carried on into the probation order, but I am going to give Mr.

Payne an option. [ 83 ] So Madam Clerk, in the probation order, 128P: You shall not have a functioning Internet connection in your home nor shall you access the Internet from anywhere utilizing any device except for purposes directly and immediately related to your employment with the advance written permission of the probation officer or for any other purpose for which you receive permission from the probation officer. So if he can work out a protocol that the probation officer finds acceptable, perhaps so that he could utilize it from an Internet café to book -- [ 84 ] MR.

FATT: I'm thinking about Facebook or something. [ 85 ] THE COURT: Well, or book hockey tickets or -- I mean, I am torn, Mr. Fatt, because on one hand I understand the concern of the Crown about this, and I am concerned about it, but on the other hand, for example, you cannot even ask the federal government to send you an old age pension cheque in cheque form any more. It has to be direct deposited, and you have to apply for that on the Internet, and if you are not Internet savvy or if you happen to be like a relative of mine who has never even touched a computer, this is a traumatic event for him.

He just did not know what to do. [ 86 ] MR. FATT: Well, as the only person in this room that is affected by that, I am happy that I am computer literate. [ 87 ] THE COURT: But you're already in the game, Mr. Fatt. You didn't just turn 65. [ 88 ] Now, there are three other terms, Madam Clerk, I am going to impose. First of all, I am going to make an order Dr. Morgan's report dated May 1, 2014, shall be provided to the probation officer and to any person engaged by Mr. Payne for the purposes of providing therapeutic treatment, counselling, or programs. I want them to know what Dr.

Morgan dealt with when they start assisting him. [ 89 ] In addition to that, I am satisfied that this is a secondary DNA offence, and given the nature of the offence, in my view it is appropriate to impose a DNA order. So that is Number 162, Madam Clerk. Pursuant to s. 487.051(3) (

b) of the Criminal Code , I make an order in Form 5.04 authorizing the taking of the number of samples of bodily substances by any peace officer for the Province of British Columbia that is reasonably required for the purpose of forensic DNA analysis and registration from Gary Ernest Payne by December 19, 2014. [ 90 ] 163, Madam Clerk. Pursuant to s. 487.051(4) of the Criminal Code , I make a further order in Form 5.041 that you shall attend on or before December 19, 2014, between the hours of 9 a.m. and 4 p.m. at the RCMP detachment at 455 Victoria Street, Prince George,

British Columbia, and submit to the taking of the samples. [ 91 ] Finally, the Crown has asked for a forfeiture order. I will order that the camera and phone seized at the time of these events be forfeited to Her Majesty the Queen pursuant to s. 490.1 of the Criminal Code . [ 92 ] Now, anything else, Ms. Mengering? [ 93 ] MS. MENGERING: No. A stay on Count 1, please. [ 94 ] THE COURT: Thank you. Anything else, Mr. Fatt? [ 95 ] MR. FATT: No, Your Honour. [ 96 ] THE COURT: Mr.

Payne, please stand up, sir. [ 97 ] Sir, all this paperwork won't be ready for a couple of hours, so I am going to ask you to come back to the registry desk at about 2:30 this afternoon. They will read you into all this material. They will sign you into it. Then you can go next door and report to the supervisor. They will read it all to you again. They will sign you into it, and then they will probably send you off to start exploring this private situation you want to engage in with some direction to get back to them within a certain period of time with a proposed person.

Any questions, sir? [ 98 ] THE ACCUSED: No, Your Honour. [ 99 ] THE COURT: Thank you, sir.