R. v. Collins, 2023 BCSC 1287

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Collins, 2023 BCSC 1287 Date: 20230720 Docket: 37276 Registry: Fort St. John Rex v. Anthony Jacob Dean Collins, also known as Anthony Collins Corrected Judgment: The text of the judgment was corrected at the front page on August 9, 2023. Restriction on publication: A publication ban has been imposed under s. 486.4(2.2) of the Criminal Code restricting the publication, broadcasting, or transmission in any way of any information that could identify a complainant. This publication ban applies indefinitely unless otherwise ordered.

Before: The Honourable Justice Chan Oral Reasons for Sentence Counsel for the Crown: D. Wightman Counsel for the Accused, Anthony Collins: R. Nielsen Place and Date of Trial/Hearing: Fort St. John, B.C. July 20, 2023 Place and Date of Judgment: Fort St. John, B.C. July 20, 2023 Introduction [ 1 ] These are oral reasons for sentence.

If a transcript is ordered, I reserve the right to make minor corrections for grammar, style and citations; however, the substance will not change. [ 2 ] Anthony Collins is before the court for sentencing on one count of sexual assault, contrary to s. 271 of the Criminal Code , R.S.C. 1985, c. C-46 . He entered a guilty plea today. Circumstances of the Offence [ 3 ] The parties have prepared an Agreed Statement of Facts for sentencing. My findings of fact are based on this Agreed Statement. [ 4 ] Mr. Collins was 20 years old in October 2020. He met the complainant, D.V., through Snapchat.

D.V. was 13 years old at the time, and she told Mr. Collins her age during conversations on Snapchat. [ 5 ] On November 7, 2020, Mr. Collins travelled to Fort St. John with a friend. He picked up D.V. and they attended at the Brew House, where they met up with more people. [ 6 ] Mr. Collins told D.V. to lie about her age and tell people that she was 16 years old and not 13 years old. Mr. Collins, D.V., and three others then travelled to the residence of L.G. after picking up alcohol. [ 7 ] More people were at the residence. The event turned into a house party. [ 8 ] During the party Mr.

Collins had sexual intercourse with D.V. while she was intoxicated. This occurred in a bathroom and was video recorded on a cell phone. [ 9 ] Later in the evening, Mr. Collins performed oral sex on D.V. in front of numerous other individuals and said “who’s next”. This was filmed by multiple individuals. The videos were later shown to multiple people and posted on a Snapchat group which was viewed by an unknown number of people. [ 10 ] Mr. Collins acknowledged in a statement to police that he was aware a friend in Germany had viewed a video of the events.

Circumstances of the Accused (

a) Criminal record [ 11 ] Mr. Collins has convictions as a youth. The seven convictions are from 2015 and 2016, and include the following: mischief, possession of property obtained by crime and breaches of undertaking. His sentences were probation with community service. [ 12 ] This is Mr. Collins’ first conviction as an adult. [ 13 ] There is no prior conviction for sexual assault. (

b) Pre Trial Custody [ 14 ] Mr. Collins has been in custody since April 25, 2023. He has been in custody for 85 days. (

c) Personal circumstances [ 15 ] Mr. Collins just turned 23 years old yesterday. He grew up on a cattle ranch, and he is close to his family. He has a younger brother and sister. He is also close to his grandfather and works with him on the ranch every summer. [ 16 ] He was diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”) in grade one, and his counsel advises it is a severe form of ADHD. His counsel advises Mr. Collins is currently not taking medications, but is open to trying medications for his condition.

His condition has affected his decision making, and in the last few years, he fell in with the wrong crowd, involved in the drugs and alcohol scene. [ 17 ] His counsel advises that Mr. Collins acknowledges what he did was wrong, and that he has come to understand the seriousness of what occurred. His wish to proceed with the guilty plea was due to him wanting to spare D.V. the trauma of going to trial. Legal Principles [ 18 ]

Section 718 of the Criminal Code provides that the fundamental purpose of sentencing is "to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions", with reference to six objectives.

These objectives are: denunciation of unlawful conduct; deterring the offender and other persons from committing offences; separating offenders from society where necessary; assisting in rehabilitating offenders; providing reparations for harm done to victims or to the community; and, promoting a sense of responsibility in offenders and acknowledging the harm done to victims or to the community. [ 19 ]

Section 718.01 of the Criminal Code provides that because this offence involves the abuse of a person under the age of 18 years, I must give primary consideration to the objectives of denunciation and deterrence. [ 20 ] I am also mindful of the other sentencing principles at play, including proportionality, parity, totality, and the need for restraint in the use of imprisonment: s. 718.1 to s. 718.2. [ 21 ] The court has to take into account any aggravating and mitigating circumstances, and in particular s. 718.2(a)(ii.1) – abuse of a person under the age of eighteen, as D.V. was 13 when the offence occurred. [ 22 ] With respect to sentences for sexual offences against children, the Supreme Court of Canada has stated these sentences must increase to accurately reflect the wrongfulness of these crimes and the far-reaching and ongoing harm caused to victims, families, and communities: R. v.

Friesen , 2020 SCC 9 at para. 5 . [ 23 ] The Court in Friesen recognized the profound impact and seriousness of sexual offences against children. The sentence imposed for sexual offences against children must align with the principles enumerated in Friesen . They must properly reflect the gravity of such offences by recognizing their harmfulness and wrongfulness. [ 24 ] Beginning at para. 121 of Friesen , the Court provided that when determining a fit sentence, the court should consider the following factors: (

a) The offender’s likelihood to reoffend; (

b) The offender’s abuse of a position of trust or authority; (

c) The duration and frequency of the sexual violence; (

d) The age of the victim; and (

e) The degree of physical interference. Victim Impact Statement

[ 25 ] D.V. was in court today. She came forward and faced Mr. Collins, and read out her victim impact statement. She described the pain she has felt since the incident, and how alone she felt. She described how she found it impossible to go to school for the three years since the incident, and how difficult it was for her to focus on her studies. She reminded the court of how she was just a child at the time of the assault, and is still a child at 15 years old today.

She expressed fear that she would have difficulty trusting another man. [ 26 ] D.V. was eloquent in how she addressed the court, and in my view, showed great strength in coming forward today. Her statement has assisted this Court in understanding the harms caused to her by the sexual assault. Aggravating and Mitigating Circumstances [ 27 ] The aggravating factors include the young age of the victim. Parliament has recognized the seriousness of sexual offences against children, making this a statutory aggravating factor.

The recording of the sexual assault and the sharing of the videos on social media perpetuates the harm inflicted on D.V. [ 28 ] As to mitigating circumstances, I note the guilty plea, which has saved a significant amount of court time. This also spares the victim from having to relive the events by testifying in court. I also note the young age of Mr. Collins. Position of the Parties [ 29 ] The parties submit a joint submission of three years incarceration, with credit for time served. Analysis and Sentence [ 30 ] The primary sentencing objectives in this case are denunciation and deterrence.

This is both mandated by s. 718.01 of the Criminal Code and reiterated by the Supreme Court of Canada in Friesen at para. 104 . Rehabilitation is an important but secondary objective in this case. In this case, there needs to be a deterrent sentence to send a strong message to the community that sexual assaults against children are not to be tolerated. [ 31 ] I have considered the submissions of the parties, and the cases referred to, in particular the recent decision of this Court in R. v. Reed , 2023 BCSC 595 .

In light of all the circumstances, I am satisfied the joint submission proposed by the parties is appropriate. The proposed sentence would not bring the administration of justice into disrepute and would not otherwise be contrary to the public interest: R. v. Anthony-Cook, 2016 SCC 43 . [ 32 ] I have considered the Supreme Court of Canada’s instructions in Friesen ; the principles and objectives of sentencing; the mitigating and aggravating factors, and especially the guilty plea; Mr.

Collin’s personal circumstances including his criminal record; the harm caused to the victim; and case law involving similar offenders and similar offences. [ 33 ] Mr. Collins, will you stand please. [ 34 ] I sentence you to 36 months incarceration for sexual assault. [ 35 ] From this 36 months, which equals 1095 days, you will have credit for 129 days. [ 36 ] That leaves a sentence of 966 days of incarceration. [ 37 ] With respect to ancillary orders, the following orders are made: (

a) The taking of a DNA sample, pursuant to s. 487.051(1) of the Criminal Code , as this is a primary designated offence; and (

b) Compliance with the Sex Offender Information Registration Act , S.C. 2004, c. 10 ( SOIRA ) for a period of 20 years, pursuant to s. 490.012(1) of the Criminal Code . [ 38 ] There is also an order that Mr. Collins have no contact or communication, directly or indirectly, with D.V. for the duration of his custodial sentence pursuant to s. 743.21 of the Criminal Code . “Chan, J.”