R. v. Gordon Date:, 2015 BCPC 136

Citation: R. v. Gordon Date: 20150511 2015 BCPC 0136 File No: 41187-1 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RICKY BRUCE GORDON ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE S. K. KEYES Counsel for the Crown: T. Gamble Counsel for the Defendant: B. D.Levine Place of Hearing: Prince George , B.C. Date of Hearing: May 11, 2015 Date of Judgment: May 11, 2015 [ 1 ] THE COURT: Mr. Gordon pleaded guilty on April 9 to one count of breaching his long-term supervision order. These are my

reasons for sentence. [ 2 ] Mr. Gordon was placed on a long-term supervision order on September 12, 2003, by Judge Blaskovits of this Court. Mr. Gordon had been convicted of the sexual touching of a small girl. According to the reasons for sentence of Judge Blaskovits, Mr. Gordon had a long record of prior convictions for the sexual touching of young girls. On several prior offences, Mr. Gordon either wore a diaper or placed a diaper on his victim while committing the offences. Mr. Gordon admitted he has a fetish for diapers.

Presumably as a result, one of the conditions of his long-term supervision order was that he not be in possession of diapers. [ 3 ] Since he was placed on the long-term supervision order, he has breached its conditions several times in both 2010 and in 2011 and one prior occasion. [ 4 ] With respect to the 2010 breach, Judge Brecknell, then Associate Chief Judge, imposed a sentence of 18 months' jail less time served. Then in June 2011, Mr. Gordon breached his long-term supervision order again.

The circumstances of that breach are not before me, but he received a sentence of 24 months in August 2011. [ 5 ] The facts before me today are that on September 26, 2014, while a resident of a halfway house in Prince George, Mr. Gordon was observed to be dumpster-diving. Mr. Gordon had in the past obtained diapers from dumpsters. This led to an investigation culminating in a search of his room at the halfway house. He had a garbage bag in his room which he insisted on placing into the garbage himself.

When it was opened, it contained a baby type of doll wearing several diapers which had been used. [ 6 ] I am told that Mr. Gordon has a longstanding fetish for diapers which he uses to masturbate. It has been submitted to me that this fetish is a compulsion with no direct connection to hands-on offending. However, in view of his use of diapers on both himself and his victims during past episodes of hands-on offending, I believe the connection between his possession and diapers and risk for hands- on offending is obvious. [ 7 ] I therefore view Mr.

Gordon's possession of a baby doll and diapers on this occasion as a serious breach of the conditions that were intended for the protection of the public. [ 8 ] Counsel made submissions to me on April 9, 2015. Counsel submitted jointly that taking time served into account, a further sentence of one year would be appropriate. Mr. Gordon was placed into custody on September 26, 2014. From then until December 12, when he was arrested on the breach warrant for the long-term supervision order breach, he accumulated time served at the rate of 1:1, which equals 78 days.

From then until April 9, he accumulated 110 days which, at 1.5 days' credit for each day time served, equals 165 days. Together that adds up to just over eight months served. [ 9 ] A further year from that date would be roughly equal to a sentence of 20 months, a minor step up from the sentence imposed by the Honourable Associate Chief Judge Brecknell for the 2010 breach, but a step down from the 24-month sentence for the last breach imposed in August 2011. [ 10 ] I am concerned that the joint submission presented to me for consideration by counsel is a step down from the previous sentence.

Counsel point out that Mr. Gordon has a lifelong fetish with diapers and that this is his form of sexual release. I am somewhat sympathetic to that submission. They point out that there is no indication of any escalation to hands-on offending at the present time. However, in view of Mr. Gordon's history of the use of diapers in connection with hands-on offending, I must regard this breach as serious and connected with his offending pattern. I am concerned that Mr.

Gordon may regard a sentence reduction as an indication that the court and society views his possession of a baby doll and diapers for sexual purposes in breach of his long-term supervision order somehow less seriously than society viewed it before. [ 11 ] That said, I am cognizant that great respect must be given to joint submissions, in particular, where, as here, the joint submission is the result of negotiation between counsel in view of apparent frailties, as alluded to by Mr.

Levine, in the Crown's case. [ 12 ] In such cases, the acknowledgement of guilt by the offender carries greater mitigative value than might otherwise be the case despite that in this case the guilty plea occurred on the date set for trial. [ 13 ] I am of the view that the joint submission is one which is nevertheless within the range of a fit sentence for this offender and this offence. [ 14 ] For these reasons, I will impose the sentence as suggested of 20 months less 291 days, which takes into account the additional time since April 9 calculated at 1.5:1 days' credit for time served leaving 309 days left to serve. (REASONS FOR SENTENCE CONCLUDED)