r v. Dylan Thomas, 2020 QCCQ 5775

R. c. Parsons Reynolds 2020 QCCQ 5775 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL “Criminal and penal division” No: 500-01-175695-185 DATE: October 16, 2020 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JUDGE ROBERT MARCHI, J.C.Q. ______________________________________________________________________ HER MAJESTY THE QUEEN Prosecutor v.

Dylan Thomas PARSONS REYNOLDS Accused ______________________________________________________________________ DECISION ON SENTENCE ______________________________________________________________________ [ 1 ] On November 20, 2019, the Accused pleaded guilty to a single count of sexual assault committed between July 30 and August 6, 2018 against E. A., contrary to

Section 271

a) of the Criminal Code (Cr. C.). [ 2 ] Following the guilty plea, a Presentence Report [1] (PSR) was prepared and filed into the Court record. [ 3 ] Submissions on sentence were presented on June 15, 2020 after evidence was presented by both parties. The decision of the Court was then adjourned until today. THE FACTUAL CONTEXT [ 4 ] The facts that the Court will now refer to have been extracted from a document prepared by the Prosecution and representing the verbatim of the facts summarized by the Prosecution and accepted by the Accused when he pleaded guilty.

A copy of the document is attached as Appendix A to the decision. [ 5 ] When the events that gave rise to the accusations happened, the Plaintiff and the Accused had formed a couple for about one year even though they knew each other for approximately 6 years. At one point, Plaintiff wanted the relationship to end. Plaintiff asked the Accused to leave her apartment, after she had met another individual.

The Accused was aware of the new relationship and felt sad about it up to a point where he sent Plaintiff text messages in which he expressed suicidal thoughts. [ 6 ] The facts leading to the accusation against the Accused can be divided into two specific events. [ 7 ] First, at the beginning of the week of July 30, 2018, the Accused was still residing at the Plaintiff’s apartment even though she had requested that the Accused leave her apartment by August 4.

She had accepted that the Accused reside at her apartment in order for him to find another place to stay. [ 8 ] According to the evidence accepted by the Accused, he started looking into her cellphone, into her Facebook account. [ 9 ] At some point, he pushed her. [ 10 ] At another point, while she was trying to get asleep, she was woken up by someone lying on her. It was the Accused. He was caressing and kissing her. Even though she asked him to stop, the Accused kept holding her. He told her that he would rather die than to live separated from her. [ 11 ] The second event took place on August 4, 2018.

The Accused was expected to leave on that day. [ 12 ] At about 3:30 a.m., again, the Plaintiff was sleeping in her bed. The Accused approached her from the back and “spooned” her. The Plaintiff then woke up. He then embarked on the Plaintiff holding her arms, stopped her from leaving while she was pushing him. She wanted him to leave but he did not. [ 13 ] Still in the bedroom, the Accused, who was smelling alcohol, pushed the Plaintiff on the bed. He put her on her stomach, pulled her hair, took off her shorts and threw them away. [ 14 ] Plaintiff took a bottle and hit the Accused to defend herself.

The Accused then put his mouth on her genital parts even though she shouted at him to stop doing so. He introduced his fingers in her vagina and into her anus.

[ 15 ] She then took a lamp and hit the Accused and managed to run away, directly to the police station where police officers noticed she was out of breath, lightly dressed and bare feet. THE OBJECTIVE GRAVITY OF THE OFFENCE [ 16 ] When prosecuted as an indictable offence, a sexual assault is punishable by a maximum of 10 years of imprisonment ( art. 271 (

a) Cr. C.) THE POSITION OF THE PARTIES ON SENTENCE [ 17 ] Prosecution recommended a 12-month jail term accompanied by a probation order for 3 years, with a two-year follow-up and the obligation for the Accused to undergo a therapy. [ 18 ] Defence suggested a period of imprisonment of 90 days, to be served intermittently, accompanied by a probation order for 2 years, at the usual conditions and with the obligation to perform 240 hours of community work and the obligation to undergo a therapy. THE EVIDENCE ON SENTENCE [ 19 ] E. A. and the Accused testified on sentence. E.

A. also filed a Victim Impact Statement . [ 20 ] E. A., now a 30-year-old teacher, testified to the effect that she suffered a post-traumatic syndrome. She is being followed by a psychologist specialized in treating victims of sexual offences. She still experiences physical pain and panic attacks. At some point, she needed to take sleeping pills. Fortunately, despite all those negative effects, it seems that she is improving and getting back to what she enjoyed. [ 21 ] Physically, she was bruised and scratched. She was taken to the emergency following the assault. [ 22 ] E.

A. obviously suffered immensely from the behaviour of the Accused. In her testimony, she expressed her expectations as to the sentence that the Court should impose upon the Accused. [ 23 ] In his testimony, the Accused expressed his “deepest apologies” to the Plaintiff. He accepts full responsibility for his behaviour and the consequences that follow. [ 24 ] Evidence for the Accused also shows that on July 30, 2018, he mutilated himself and was admitted in a hospital with “post- rupture” suicidal thoughts [2] . On August 3, he booked an appointment with a psychologist [3] .

He also underwent a therapy for his drug consumption program. Between March and May 2019, he was involved in a therapeutic process at Foster [4] . He did not complete the therapy [5] . [ 25 ] He has a job [6] and a new girlfriend [7] . [ 26 ] He has spent the equivalent of 20 days in pre-sentence detention. THE PRE-SENTENCE REPORT [8] [ 27 ] The PSR shows a 26-year-old individual living with his girlfriend who collaborated in the preparation of the Report. He had a job in telemarketing at the time of the preparation of the report.

He has no previous conviction and shows a moderate risk of recidivism. [ 28 ] It also confirms the fact that the Accused followed a therapy between March and May 2019. THE SENTENCING PRINCIPLES [ 29 ] The purpose and principles of sentencing are well known.

They can be found in the Criminal Code at Sections 718 and following: Purpose and Principles of Sentencing 718 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 that have one or more of the following objectives: (

a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (

b) to deter the offender and other persons from committing offences; (

c) to separate offenders from society, where necessary;

(

d) to assist in rehabilitating offenders; (

e) to provide reparations for harm done to victims or to the community; and (

f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community. […] Other sentencing principles 718.2 A court that imposes a sentence shall also take into consideration the following principles: (

a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing, (

i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, (ii) evidence that the offender, in committing the offence, abused the offender’s intimate partner or a member of the victim or the offender’s family, (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years, (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim, (iii.1) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation, (iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization, (

v) evidence that the offence was a terrorism offence, or (vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under

section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act shall be deemed to be aggravating circumstances; [ 30 ] In any event, the fundamental or cardinal principle in sentencing can be found at

Section 718.1 Cr. C.: Fundamental principle 718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 31 ] In other words, after applying all applicable sentencing principles, a sentence must be individualized, it must be “tailored” to the individual to be punished, proportionately to the gravity of the offence committed and to the degree of his responsibility. ANALYSIS [ 32 ] As Chief Justice Wagner wrote in the now landmark case of Lacasse [9] : Sentencing remains one of the most delicate stages of the criminal justice process in Canada.

Although this task is governed by ss. 718 et seq. of the Criminal Code , R.S.C. 1985, c. C-46 , and although the objectives set out in those sections guide the courts and are clearly defined, it nonetheless involves, by definition, the exercise of a broad discretion by the courts in balancing all the relevant factors in order to meet the objectives being pursued in sentencing. [ 33 ] As in all cases of this nature, even the most severe sentence will not be able to cure all the suffering caused to the Plaintiff. E.

A. has expressed those sufferings in detail in her Victim Impact Statement and in her testimony before the Court. [ 34 ] Violence is an intrinsic element of all sexual assault offences. They all involve psychological and physical attacks against the integrity of the victim. Extrinsic violence will render the crime committed more serious and will lead to a more severe sentence. [ 35 ] That being said, the offence of sexual assault is a generic expression which comprises a wide array of behaviors, going from less serious ones (even though a sexual assault is always a serious offence) up to the most serious ones.

They show various degrees of seriousness. Sentence rendered by judges will notably reflect the particular circumstances of each case. [ 36 ] Apart from the statutory sentencing objectives and principles already alluded to, in domestic violence cases, it is trite law that principles of deterrence and denunciation must prevail. [ 37 ] In that fashion, in the case of R. v. L. (J.J.) [10] , the Court of Appeal has listed various factors that enable judges to assess the penal responsibility of an accused in offences of sexual nature.

The Court will not repeat those factors but will take them into account in reaching the sentence to be imposed to the Accused. [ 38 ] As in all cases, the Court will reach the right sentence in weighing the aggravating and mitigating factors linked to the commission of the offence and to the situation of the Accused.

[39] In this case, the Accused had no criminal record at the time of the offence. In March 2019 (according to the PSR), the Accusedwas charged with having committed a theft for which he was imposed a fine in July 2019. [40] He has pleaded guilty to the offence. Even though the guilty plea entered by the Accused cannot be qualified as an “early”guilty plea, it was nevertheless entered by the Accused before witnesses were summoned at trial and in a case where the evidence cannotbe seen as “overwhelming”.

And, even though, according to Crown counsel, the Plaintiff had to attend court for the preliminary hearing(the Court does not know if she had to testify), the guilty plea by the Accused prevented the Plaintiff from testifying at trial. [41] Moreover, that guilty plea is entered in circumstances where the Accused recognized the fact that his actions were inadequate,especially towards a person he cared about, and where he shows remorse and regrets that appeared sincere to the probation officer whoprepared the PSR[11] and to the Court.

In his testimony on sentence, the Accused has offered his apologies to the Plaintiff, has acceptedaccountability for his actions and the consequences that will ensue. Again, the Court believes the Accused to be truthful and sincere. [42] As already mentioned, the evidence shows that at the time of the offence, the Accused was not in a normal state of mind whichprompted him to seek for help. [43] At the end of July 2018, days before the events, he had “post-rupture” suicidal thoughts, he mutilated himself and had to beadmitted to the hospital. On August 3, 2018, he booked an appointment with a psychologist.

And even though he did not complete thewhole program, he entered into a therapy in the spring of 2019. Those factors do not affect the legal culpability of the Accused. But theycan be taken into account in weighing his moral culpability. [44] That being the case at the time of the offences, the Accused seems to have put his life on a better track. He has a job. Albeit a“new” job, as Crown counsel said, he still has a job. [45] Since November 2018, he is currently in a new relationship with a new girlfriend whom he lives with and who is aware of hisproblems with the law.

She was present in court for the presentence submissions. [46] Obviously, all of that does not diminish the objective gravity of the offence nor the consequences for the Plaintiff. [47] As to the objective gravity of the offences: • Their very nature. Moreover, sexual assaults (only one count but two instances) accompanied by a certain degree ofaggressiveness and violence. Even though they cannot be characterized as the most serious types of sexual assault (for example, cases ofcomplete intercourse), they still involved genital touching and finger penetration.

This is a serious type of sexual assault. • The fact that the assaults took place in the own home of the victim, in her own bedroom, in her own bed. One can hardly thinkof a more severe intrusion of privacy. The Plaintiff was in her “castle” and she deserved to have a peaceful stay. She had the absoluteright to be left alone. • The fact that the Plaintiff accepted that the Accused live at her place despite the end of their relationship. Plaintiff had trust in theAccused, enough to let him stay at her place, even after being sexually assaulted.

In that sense, the actions of the Accused constitute abreach of trust towards the Plaintiff. [48] As to the consequences on the Plaintiff: psychological, notably, post-traumatic syndrome, phantom pain, physical pain andpanic attacks, need for sleeping pills, having to be followed by a psychologist specialized in treating victims of sexual offences.Physically, she was bruised and scratched and was taken to the emergency following the assault. [49] As already mentioned, even the most severe sentence will not cure all the suffering caused to the Plaintiff. Nevertheless, theAccused deserves to be punished.

The sentence to be imposed by the Court upon the Accused must convey the message that society doesnot and will not tolerate such a behavior. Even though adopted in a much more serious context[12], the following excerpt of the decisionof the Court of Appeal of Ontario in Denkers equally applies to the Plaintiff here[13]: This victim, and others like her, are entitled to break off romantic relationships. When they do so they are entitled to live their livesnormally and safely. They are entitled to live their lives free of harassment by and fear of their former lovers.

The law must do what itcan to protect persons in those circumstances. […] [50] Finally, as explained earlier, the Court takes into account the mental state of the Accused at the time of the offences and the factthat he spent the equivalent of 20 days of pre-sentence detention. [51] Given all the circumstances and after taking into account all factors, the Court agrees with the parties that a term ofimprisonment is warranted in this case.

However, it is of the opinion that the objectives and principles of sentencing can be met byallowing the Accused to pursue his rehabilitation for which, in the opinion of the Court, he is a good candidate. [52] For those reasons, the Court will impose upon the Accused a jail term of 90 days, to be served intermittently. [53] As to the deterrent effect of intermittent sentences (or absence of same), the Court will quote from the reasons of the Court ofAppeal in R. c.

Simoneau[14]: [72] À ce sujet, il est inexact de prétendre, comme le fait l’appelante, que l’emprisonnement discontinu a peu de valeur dissuasiveauprès de ceux et celles qui seraient tentés de commettre un geste similaire. Dans un premier temps, cette Cour a reconnu dans plusieursdécisions la valeur toute relative de la dissuasion générale : R. c. Paré, 2011 QCCA 2047; R. c. Brais, 2016 QCCA 356; R. c. Harbour,2017 QCCA 204. Dans un second temps, elle a également reconnu que l’emprisonnement discontinu permet d’atteindre les objectifs dedissuasion et de dénonciation : R. c. Zawahra, 2016 QCCA 871, par. 22; R. c.

Ruel, 2014 QCCA 1830 , par. 9; R. c. Lafrance(1993), (QC CA), 87 C.C.C. (3d) 82 (C.A.).

[ 54 ] The Accused must obviously be punished but it is the Court’s opinion that a firm jail term is not the appropriate sentence in the circumstances. This is not meant to trivialize the behaviour of the Accused towards the Plaintiff, on the contrary.

The Court has already stated that the offence committed by the Accused is serious and that he must be punished accordingly. [ 55 ] In the Court’s opinion, the jail term imposed upon the Accused, the probation order, partly “avec suivi”, the emotional management therapy he will have to undergo and the community service performed by the Accused meet the objectives and principles of sentencing. Society would not be better served with a firm jail term.

FOR ALL THOSE REASONS, the sentence of the Court will be the following: • A jail term of 90 days to be served intermittently, beginning Saturday, October 24, 2020 at 8:30 a.m. until Sunday, October 25, 2020, at 5:00 p.m. Likewise for the next 44 Saturdays and Sundays; • A probation order for a period of 3 years, at the usual condition, keep the peace, be of good behavior and be present in Court whenever required; 1. The first 2 years of the order will be “avec suivi”, meaning that the Accused will have the obligation to meet with a probation officer as often as he (she) sees fit; 2.

Within the first 18 months of the probation order, the Accused will have to perform a total of 240 hours of community work; 3. Within 7 days from today, preferably today before leaving the Courthouse, the Accused will have to meet a probation officer to discuss the modalities of the community work he has to perform; 4. Within 7 days from today, the Accused will have to meet a probation officer to discuss the modalities of entering a therapy to address his emotional management and enter such a therapy within 30 days from today; 5.

For the entire duration of the probation order, the Accused will be prohibited from communicating directly or indirectly with the Plaintiff E. A.; 6. For the entire duration of the probation order, the Accused will be prohibited from being in a radius of 300 meters from the residence, place of work or place of study of the Plaintiff; 7. For the entire duration of the probation order, the Accused will prohibited to be in the physical presence of the Plaintiff and he will be prohibited to be in a radius of 25 meters from the person of the Plaintiff; • Pursuant to Section 109 (2) (

a) of the Criminal Code , the Court orders that the Accused be prohibited from possessing any firearm, cross-bow, restricted weapon, ammunition, and explosive substance for a period of 10 years; • Pursuant to Section 109 (2) (

b) of the Criminal Code , the Court orders that the Accused be prohibited from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life; • Pursuant to

Section 487.051 of the Criminal Code , the Court authorizes the taking of samples of the Accused’s DNA for forensic DNA analysis; • Orders that the offender be registered under the Sex Offender Registration Act (S.O.I.R.

A) for a period of 20 years by virtue of Sections 490 ,012 (1) and 490.013 (2) (

b) of the Criminal Code . __________________________________ ROBERT MARCHI, J.C.Q Mtre Jessica Drolet Attorney of the DPCP Mtre Adam Ginzburg Attorney of the Accused Date of hearing: June 15, 2020

APPENDIX A Dylan Thomas PARSONS REYNOLDS 500-01-175695-185 • They were in a couple for a year, they have known each other for 6 years • Victim wanted the relationship to be over, to be separated • She had asked the accused to leave by the 4th of August, because she met someone new • The accused knew it and was sad about it • He sent her text messages with suicidal thoughts, it was hard for him At the beginning of the week of 30th July 2018 (first event) • The accused was still living at her place • Victim accepted that he stayed there in order for him to find a new apartment • He was looking into her cellphone, at her Facebook • At some point, he pushed her • She was trying to sleep, she woke up because she felt that there was somebody on her • She opened her eyes and saw the accused on her • He was caressing her, giving her kisses • She asked him to stop, he held her • He said that he would rather die than to live separated from her Sexual assault on August 4th 2018 (second event) • During the night from August 3rd to August 4th, at about 3:30 in the morning • The accused was supposed to leave on that day, deadline had arrived • Victim was lying down in her bed, she was sleeping • He came in her back and held her by spooning her, she then woke up • He went on her, he held her arms, she was pushing him • He was trying to stop her from leaving • She wanted him to leave, but he didn't • Still in the bedroom, he pushed her on the bed • He was smelling alcohol • He said he wanted to take care of her but she didn't want to • He placed her on the bed on the stomach • She pushed him, he pulled her hair • He took off her shorts and threw them at the door • She took a bottle and she hit him to defend herself • He put his mouth on her genital parts, she cried to stop

• He put his weight on her to stop her from pushing him • He was preventing her from leaving • He put his fingers in her vagina and in her anus • She then took a lamp and hit him with it • At some point, she manage to run away • She took her things and went directly to the police station • Police officers noticed that she was out of breath, lightly dressed and bare feet