R. v. Skerratt Date:, 2012 BCPC 263

Citation: R. v. Skerratt Date: 20120504 2012 BCPC 0263 File No: 57405-2C Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. VANESSA ROBIN SKERRATT ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE DICKEY Counsel for the Crown: C.M. Kramer Counsel for the Accused: G.K. Gill Place of Hearing: Chilliwack , B.C. Date of Hearing: May 4, 2012 Date of Judgment: May 4, 2012 [ 1 ] THE COURT : Vanessa Skerratt has pleaded guilty to a charge of robbery in which she wounded Jessica McBeth. The Crown

has proceeded by Indictment. [ 2 ] Crown submits that a sentence of one year incarceration with probation, a firearms prohibition, and an order for DNA is appropriate. [ 3 ] Defence argues that a more community based sentence is appropriate, taking into account all the factors including that she is a first time offender, a positive pre-sentence report, and her efforts at rehabilitation. OFFENCE [ 4 ] The complainant, Jessica McBeth, testified on the sentencing hearing. She is 28 years of age. On March 1, 2010, she attended a dance class and attempted to pay but her card was declined.

On her way home, she decided to stop at her bank and check on her card. [ 5 ] As she exited her vehicle, she saw a group of six to eight people close by. As Ms. McBeth crossed the street, she heard a girl in a blue sweatshirt yell out at her, "Get on your own side of the street". [ 6 ] After checking her card, she exited the bank. She had a large purse in her hands. She noticed that the group was now on her side of the street. The girl in the blue sweatshirt was close to her and a girl in a white sweatshirt to her right on her periphery. The girl in the white was Ms. Skerratt. [ 7 ] As Ms.

McBeth moved out of the bank, the group moved towards her and the girl in the blue moved to within three feet. She described the girl in blue as having her fists clenched and a blank look with crazy eyes. Ms. McBeth asked the girl in blue what her problem was. Ms. McBeth says she felt threatened. The girl in blue started punching Ms. McBeth in the face, striking her twice before Ms. McBeth struck her back with her right hand. Ms. McBeth held onto her purse with her left hand. [ 8 ] At this point in time, the girl in white (Ms. Skerratt) came up to her and punched her five times in the head.

She says it happened very fast and the punches came from all sides. The girl in white also punched her in the stomach. [ 9 ] Ms. McBeth yelled for help and the girl in white mimicked her that her purse was stolen. She says the girl in white put her hand on her crotch and placed one finger into her vagina. At this point the girl in blue was able to get the purse away from Ms. McBeth. The girl in white also kicked her in the lower legs and Ms. McBeth assumed she also kneed her because of where the girl was located and where she was struck. [ 10 ] Ms.

McBeth believes she was punched a total of 20 to 25 times, kicked eight to 10, and kneed twice. She also had her hair pulled by the girl in white. [ 11 ] The girl in blue ran with the purse in an easterly direction and Ms. McBeth chased and caught up with her. At that point, they exchanged punches. The girl in white came up behind her and grabbed her hair and slammed her head into a wall. She describes the force applied as excessive and occurring four times and quickly. While this was occurring, the girl in blue continued to give her shots. Ms. McBeth fell to the ground.

The girl in white then said to "Curb stomp the bitch". [ 12 ] Ms. McBeth says that the girl in white then kicked her on the right side and jumped on her head. She described the girl in white, on at least two occasions, as bringing her knee up and then her foot down with the sole of her shoe on the right side of her face. The girl in blue with a running start kicked her soccer style two to three times in the stomach and top left side of the head. At this point, Ms. McBeth decided to let go of her purse and the girl in blue ran with it in an easterly direction.

The girl in white kicked her once more hard to the rib area and said, "Stupid bitch" and ran in the same direction as the girl in blue. [ 13 ] Ms. McBeth says that she was spitting up blood and went into a store where she dialled 9-1-1. She went into a bathroom and could see blood around her mouth, a footprint on the right side of her face, her hair was out of control, and her face looked swollen. [ 14 ] The police attended shortly after. Ms. McBeth's husband attended because her phone had dialled him inadvertently and he had listened to the events unfolding. [ 15 ] Photos of Ms.

McBeth were entered as Exhibit 16 on the sentencing. The photos depicted injuries to Ms. McBeth including swollen hands and face, red markings of a footprint on her cheek, a red mark close to her scalp, red markings on her chest and legs, scratches on her back, and bruising on her hip. [ 16 ] The defence crossed Ms. McBeth on the expanded details on this hearing compared to that of her statement. Ms.

McBeth explained the reason for this is that the police did not ask for details as she gave her statement and that counselling helped her to take the incident slowly, step-by-step, and describe the details of the event. There was no evidence that the counselling helped Ms. McBeth remember things. [ 17 ] On re-examination, she was taken through her statement to highlight that she was not asked to distinguish who was doing what. [ 18 ] In submissions by defence counsel, she argued -- and I agree -- that memories do not generally get better with time. I do not find, however, that Ms.

McBeth's memory became better over time, but rather she responded in her direct evidence to more detailed questioning. I also find that with time she has been able to slow down and more carefully express her recollection of events. I do not find, therefore, that this issue affects the credibility or reliability of the evidence of Ms. McBeth. [ 19 ] A witness to this event observed Ms. McBeth cowering and attempting to protect herself while these two women were "wailing" on Ms. McBeth and laughing. [ 20 ] The police upon attendance observed Ms. McBeth to start to convulse then go rigid and sleepy.

She was taken to hospital. She was diagnosed with multiple skull fractures, was unconscious for one day, required assistance breathing and had a compressed vertebrae,

concussion, and scrapes and bruising. [ 21 ] The Crown says Ms. McBeth is still having problems with her memory, and in her victim impact statement she says she was off work for six to eight weeks, missing both school and waitressing. [ 22 ] Ms. Skerratt was arrested and, on the same date, gave a full statement with admissions of her guilt. She told the police she was an alcoholic, had consumed five beers on the day of the offence, and wanted to die. [ 23 ] Ms. Skerratt did not testify on the sentencing hearing, but I am told through her counsel that Ms. Skerratt says that Ms.

Tschritter, the co-accused in this matter, pointed to the victim in this matter and identified her as the "hooker bitch that stole my purse". Ms. Skerratt says that she thought she was going to aid someone who was a victim but admits she went further than necessary. She is unable to say what happened as she was intoxicated but says that she would not put her hand into the vaginal area of Ms. McBeth. [ 24 ] Ms. Skerratt has written an apology letter to Ms. McBeth. Ms. Skerratt has also advised that she told Ms. Tschritter to mail Ms. McBeth's stuff back to her. OFFENDER [ 25 ] Ms.

Skerratt was 22 at the time of the offence and presently is the mother of two children, and expecting one further in the next short while. [ 26 ] Her counsel describes her as immature, unsophisticated, victimized through most of her life, and a follower. She had a dysfunctional common-law relationship which she now has moved on from to her great advantage. She entered Peardonville House for a drug and alcohol treatment program of ten weeks. She has recently been baptised and has begun to receive some assistance from Community Living. She has also received counselling for parenting and employment. [ 27 ] Ms.

Skerratt has no criminal record. She told me that she is very sorry for this incident and I accept that she is truly remorseful. [ 28 ] I have read a number of letters in support of Ms. Skerratt which all state that she has made significant changes in her life since this incident, including becoming free of drug abuse and making positive changes spiritually. [ 29 ] Ms. Skerratt attended at B.C. Mental Health for a forensic psychiatric report and a pre-sentence report has been authored, both of which I have reviewed. [ 30 ] Ms.

Skerratt had a challenging childhood that includes 42 apprehensions by the Ministry of Children and Family Development. Her life has included physical and sexual abuse. She has abused alcohol and drugs in the past. LAW [ 31 ] Sentencing purposes and principles are codified in ss. 718 to 718.2 of the Criminal Code . I must consider these purposes and principles in determining the appropriate sentence in this matter. [ 32 ] In addition, the Crown provided me with two decisions. The first is the decision of R. v. McDonald , 2005 BCCA 445 .

The appellant offender was sentenced at trial to nine months imprisonment for a robbery and concurrent time on a number of minor offences. The appellant sought to have the sentence reduced to four months and to serve the time conditionally. I note that there was a level of violence in this matter but much less than what I have before me. The offender had a related but minor record. The Court upheld the sentence. [ 33 ] The other case provided to me by the Crown is R. v. Tang , 2004 BCPC 550 . Mr. Tang entered a guilty plea to a robbery in which he used a knife to rob a woman of her purse.

The victim was cut when she attempted to push the knife away resulting in stitches to both of her thumbs. Mr. Tang was a youthful first offender. The Court concluded that it must focus on the principles of denunciation and deterrence. The offender was sentenced to 24 months in custody and two years of probation. [ 34 ] A conditional sentence order is not available to the offender in this matter because this matter has been proceeded with indictably and would certainly fall within a serious personal injury offence (see s. 752).

ANALYSIS [ 35 ] This Court is required to assess the circumstances of this offence and the offender, and apply the principles and purposes of sentencing. [ 36 ] The fundamental principle is that the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. I find the gravity of this offence to be high. This was an unprovoked vicious attack on an innocent young woman who suffered significant injuries that continue to plague her. This incident must have been terrifying to Ms.

McBeth and her husband who, through inadvertence, was able to hear the assault unfolding. [ 37 ] I find that Ms. Skerratt was significantly responsible for the degree of violence used against Ms. McBeth. The degree of violence was excessive. It was Ms. Skerratt who said to "Curb stomp the bitch" and twice brought her foot down on the head of Ms. McBeth as Ms. McBeth lay on the ground. She punched her numerous times. Ms. McBeth testified that Ms. Skerratt also punched, kicked, kneed, pulled her hair and slammed her head against a wall on four occasions with excessive force. I accept, on the other hand, that Ms.

Skerratt was not the person who instigated this offence. [ 38 ] I am also required to take into consideration any relevant mitigating and aggravating circumstances, that Ms. Skerratt should not be deprived of her liberty if less restrictive sanctions are appropriate, and all sanctions other than imprisonment that are reasonable in the circumstances.

[ 39 ] This was a significant assault, but out of character for Ms. Skerratt. She has not had a criminal record until now. I must keep in mind that Ms. Skerratt appears to have made significant changes to her life since this incident and as the mother of two children with a third expected, she has support within the community. She has also attended at a drug and alcohol treatment centre with apparent success. [ 40 ] The purpose of sentencing is to contribute to respect for the law and the maintenance of a just, peaceful, and safe society.

This purpose has the objective of denunciation and deterrence, rehabilitation, reparation for harm done and promoting responsibility. Rehabilitation is a significant factor where there is a first time offender before the Court as is the case with Ms. Skerratt. There must also, however, be denunciation, deterrence and a promoting of a sense of responsibility in offenders where the offence involved significant violence and moral culpability of the offender. [ 41 ] Please stand, Ms.

Skerratt. [ 42 ] I have determined upon considering the principles and purposes of sentencing as they apply to this case and weighing the mitigating and aggravating circumstances of both the offence and the offender that a jail sentence is required. [ 43 ] The sentence will be one of ten months in jail. If not for the mitigating circumstances, the sentence would have been significantly longer. [ 44 ] Further, there will be a probationary period of two years and the following terms will apply: 1. You shall keep the peace and be of good behaviour. 2.

You shall report in person to a probation officer within 72 hours of your release from custody at the office of the Chilliwack Community Corrections, 45960 Wellington Avenue in Chilliwack, B.C. and you shall thereafter report as and when directed by your probation officer and in the manner directed by your probation officer. 3. You shall inform your probation officer of your present residential address and telephone number and not change that address or telephone number without prior written notice to your probation officer. 4.

You shall notify the Court or your 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. 5. You shall have no contact or communication, directly or indirectly, with Ashleigh Danielle Tschritter, Glenda Monica Herrling, and Jessica McBeth. 6. You shall not possess any weapon as that term is defined in s. 2 of the Criminal Code . 7.

You shall attend for, participate in and complete, to the satisfaction of your probation officer, any counselling or program as directed by your probation officer. [ 45 ] Those are the terms and conditions of your probation. [ 46 ] There also will be an order for the providing of a DNA sample.

I have reviewed the circumstances of this offence and that you have no prior record, and the impact on your privacy, and I find that a DNA sample is appropriate in the circumstances. [ 47 ] There also will be a firearms prohibition pursuant to s. 109, and that will be a prohibition that for ten years you shall not possess any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance. [ 48 ] I will waive the victim fine surcharge. [ 49 ] Good luck, Ms. Skerratt. [ 50 ] MS.

KRAMER: Crown directs a stay of proceedings on the remaining counts. ______________________ R.C. Dickey Provincial Court Judge