Her Majesty the Queen - v. -, 2011 SKPC 101

IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2011 SKPC 101 Date: June 21, 2011 Information: 24321656, 24329679, 45419773, 24414310, 24398338, 24354864 Location: Prince Albert _____________________________________________________________________________ Between: Her Majesty the Queen - and - Marcel Joseph Meilleur Appearing: S. Blackman For the Crown K. Hill For the Accused JUDGMENT H. W. GOLIATH , J [ 1 ] Marcel Meilleur is facing sentencing on charges of obtaining by false pretences, theft, obstruction, and uttering forged cheques. The following is a

summary of the Criminal Code Informations before the Court: Information No. 24321656 - Obtain by false pretences; Information No. 24329679 - Obtain by false pretences; Information No. 45419773 - theft and obstruction of police officer;

Information No. 24414310 - three counts of using a forged document, and one count of theft of cheques. [ 2 ] There were several charges under The

Summary Offences Procedure Act , some of which were stayed, on May 13 th . The two remaining

Summary Offence Informations are numbers 24398338 and 24354684. [ 3 ] The Criminal Code offences before the Court have a lengthy history. Since November 14, 2007, Information No. 24321656 has been before the Court at least 30 times, in five different Court locations, with 10 different counsel having appeared for the Crown, and approximately the same number of defence counsel and agents for the accused. [ 4 ] The circumstances on the remaining Informations show similarly protracted proceedings. [ 5 ] Submissions were made on June 16 th and the accused was remanded for sentencing.

A pre-sentence report was requested on May 13 th and is before the Court. The Crown argues that a sentence of 6 to 7 years would be appropriate, with credit for a total of 6 months spent in custody. Defence counsel suggests that a community based disposition might be a possibility, but concedes that it is not likely. He argues alternatively that the accused would benefit from a sentence to be served in a Provincial Correctional facility. PURPOSES AND PRINCIPLES [ 6 ] The accused has a record of over 300 convictions dating back to 1961. Most of the offences related to cheque frauds.

He has received sentences ranging from probation and sentences of a few months, to sentences of four years. With this record of performance, it is difficult to see what “just sanctions” might achieve the objectives enumerated in s. 718 of the Criminal Code to further the fundamental purpose mentioned therein. There seems to be, in my view, faint hope of individual deterrence, rehabilitation, or promoting a sense of responsibility in the accused. [ 7 ] A Court is required by s. 718.2 to consider other principles, including aggravating and mitigating circumstances, parity, and totality.

AGGRAVATING [ 8 ] The fact that the accused has a long history of similar offences must be considered as an aggravating circumstance. If this were a first offence, given the relatively minor amounts of money, he would no doubt be considered eligible for a fine or some community based sentence. [ 9 ] Another aggravating circumstance is the fact that the accused was on probation at the time of the offences committed in 2007. [ 10 ] There is no reasonable possibility of restitution or compensation for any of the victims herein.

MITIGATING [ 11 ] The accused was 70 years old on June 17 th and has multiple health problems. He has limited mobility and would doubtless benefit more from some physical therapy in a comfortable environment than from spending time in a penitentiary or a correctional facility. Any term of incarceration is likely to weigh more heavily upon him that it would upon a young and healthy man. [ 12 ] The guilty pleas, which have eventually been entered on all charges, have limited mitigating effect, given the history. There is little evidence of any genuine remorse.

PERSONAL CIRCUMSTANCES [ 13 ] The personal circumstances of the accused are detailed in the pre-sentence report. GRAVITY [ 14 ] In terms of seriousness the false pretence offences carry maximum prison sentences of two years. The uttering charges are punishable by maximum sentences of 10 years. The amounts of money involved are not large, but the offences are aggravated by the history of persistence and repetition. PARITY AND TOTALITY [ 15 ] Sentences imposed for these types of offences vary widely.

The sentence proposed by the Crown is clearly at the upper end of the range, considering the amounts of money involved. The four year global sentence imposed by the Alberta Court of Appeal in the one case presented by the Crown ( R. v. Thiel , 2006 A.W.L.D. 2522 ) is closer to what would be appropriate in this case. In fact the accused was sentenced to four years in 1980, 1984 and in 1991 for similar offences. These sentences do not seem to have had any deterrent effect upon the accused. As noted in the pre-sentence report, since the age of 19 the accused has spent most of his life incarcerated.

CONCLUSIONS [ 16 ] Having regard to the sentencing principles referred to and to the fact that the 4 year terms imposed previously were 20 to 30 years ago, at a time when the accused was in better health, I believe that a global sentence of three years for these offences is appropriate. Giving credit for the time he has spent in custody he will serve 2 ½ years.

The sentences are apportioned as follows: Information No. 24321656 - 12 months; Information No. 24329679 - 12 months concurrent; Information No. 45419773 - Count 1 - 6 months concurrent, Count 2 - 6 months concurrent; Information No. 24414310 - Counts 1, 2, 3 - 18 months concurrent, one with the other, but consecutive to the 12 month sentences, Count 4 - 12 months concurrent. [ 17 ] The

Summary Offence Procedure Act Informations 24354684 and 24398338 will be disposed of by fines of $100.00 plus $50.00 surcharge on each, payable forthwith, time to be served concurrently. [ 18 ] The federal surcharges are waived due to the fact that they would likely cause undue hardship. [ 19 ] There are no DNA orders, nor s. 109 orders required. [ 20 ] Dated at the City of Prince Albert, in the Province of Saskatchewan this 21 st day of June, A.D. 2011. ___________________________________

H. W. Goliath, J