R. v. D.L.B., 2019 BCPC 392

Citation: R. v. D.L.B. 2019 BCPC 392 Date: 20190415 File Nos: 3977-1, 3784-2-C, 3784-3-A, 3970-2-B, 3974-1 Registry: Courtenay File No: 6351-1 Registry: Victoria IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Youth Division File No: 3784-2-C, 3784-3-A, 3970-2-B, 3974-1 REGINA v. D.L.B. File No: 3977-1 Registry: Courtenay REGINA v. D.L.B. Youth Matter - Restriction on Access s. 118 & s. 110 YCJA REASONS FOR SENTENCE OF THE HONOURABLE JUDGE CROCKETT Counsel for the Crown: R. Richardson Counsel for the Defendant: D. Evans Place of Hearing: Courtenay , B.C. Date of Hearing: April 15, 2019 Date of Judgment: April 15, 2019

[ 1 ] THE COURT: Well, I appreciate the work that both counsel have put into preparing this matter for me and given the dispositions that have been proposed, which I can say right at the outset I am going to go along with, based on everything that has been given to me. [ 2 ] I have read all of the exhibits that have been marked; that includes the fitness assessment that is dated March 20th, 2019, is when it was received. That is when it is dated. Court date stamped March 19th, 2019.

Its date itself was March 4th, 2019. [ 3 ] As well, I have read the NCRMD assessment, both of which have been prepared -- I should say both reports by Dr. David Morgan. This one is dated April 9th, 2019. As I indicated, I have read that as well. [ 4 ] The agreed statement of facts has been filed as an exhibit. The Crown has gone through that with me and I have read it in court. [ 5 ] Normally I would state the facts of the case out loud in court but I am not going to repeat them. They have been adequately summarized in the statement of facts.

This is a joint submission, and so the facts, I find, are as stated in the agreed statement of facts. [ 6 ] I do note, however, that there is one file that is referred to at page 3 of the agreed statement of facts: Information 3784-3-A.

I gather there is not going to be a plea or a finding or disposition made with respect to that file, but those facts are properly before the court as some of the background facts in this matter with respect to D.L.B. and all the incidents that have occurred in her life of late that bring her before the court. [ 7 ] So, first, what I will do is -- there have been submissions made with respect to certain dispositions that are appropriate to be disposed of with respect to an NCRMD finding and I am going to deal with those in a moment, and I agree frankly with both counsel, in particular with respect to the comments that are made by Dr.

Morgan in his NCRMD assessment, that those are appropriate dispositions on those particular offences. [ 8 ] But dealing first with the ones that are being dealt with by way of a more traditional sentencing, and again, given the facts that I have heard about the nature of the mental health issues at play here, it does seem appropriate that they be dealt with by way of a regular sentencing disposition.

She did enter guilty pleas on these particular files that I am going to be dealing with and I also agree with the submission that it is appropriate to deal with them by way of a probation order which will not interfere with conditions that the Review Board may impose in the future. [ 9 ] So dealing first with Information 3974-1, she has pleaded guilty to Count 1 on that Information. I am going to go along with the proposal that she be placed on probation for one year.

The conditions are appropriate in that they are protective conditions because this involved a break and enter into an individual's home as described in the joint statement of facts. [ 10 ] So I am going to impose the following terms, and Madam Clerk -- and this will be for one year probation. [ 11 ] 2001: You must keep the peace and be of good behaviour. You must appear before the court when required to do so by the court.

You must notify the court in advance of any change of name or address and promptly notify the court of any change of employment or occupation. [ 12 ] 2002 term, Madam Clerk: You must have no contact or communication directly or indirectly with S.T. [ 13 ] 2005: You must not go to or be within 20 metres of [omitted for publication], [omitted for publication], British Columbia. [ 14 ] That is also a primary designated DNA, Count 1 on 3974-1, and so pursuant to s. 487.05(1.1), I make an order in Form 5.03 authorizing the taking of samples of bodily substances from you for the purposes of registration in the DNA national databank. [ 15 ] Now, I gather the samples could likely be taken from her while she is in custody.

I do not propose to direct her to go to -- [ 16 ] MR. RICHARDSON: No. [ 17 ] THE COURT: -- an RCMP detachment. I do not know that she would follow through and I would hate to see a breach for something like that. Okay. [ 18 ] MR. RICHARDSON: Mm-hmm. [ 19 ] THE COURT: So the samples should be taken from you while you are in custody and you must submit to the taking of the samples. [ 20 ] All right. So anything else with respect to that probation order that I have missed? No? [ 21 ] MR. RICHARDSON: No, thank you, Your Honour. [ 22 ] THE COURT: Okay. So that deals entirely with that file, Madam Clerk.

Anything else you need? [ 23 ] MR. RICHARDSON: I don't know if you've stayed Count 2 yet or if you haven't, Madam Clerk, please do on that file. [ 24 ] THE COURT: Okay. 3974-1, Count 2 should be stayed, Madam Clerk. [ 25 ] THE CLERK: Okay. [ 26 ] THE COURT: Okay. So I will deal next with 3970-2-B. D.L.B. has entered a guilty plea to Count 1 on that, which she breached a probation order by consuming drugs that were not prescribed to her.

[ 27 ] Again, the proposed disposition on this is a probation order for one year with the simple term -- that is the mandatory type terms. Again, this will be for one year. [ 28 ] This is 2001, the term, Madam Clerk: You must keep the peace and be of good behaviour. You must appear before the court when required to do so by the court. You must notify the court in advance of any change of name or address and promptly notify the court of any change of employment or occupation. [ 29 ] We will just leave that with those terms. [ 30 ] So I gather the Crown will be directing a stay of proceedings on Count 2? [ 31 ] MR.

RICHARDSON: Yes, thank you. [ 32 ] THE COURT: Okay. No ancillary orders to attach to that. [ 33 ] Now, next I will deal with Information 3977-1. Now, that previously had a plea of guilty but what you're proposing is that that be changed to an admission of responsibility and that I vacate the plea. All right. On that one. [ 34 ] MR. EVANS: It would be more an admission of the facts underlying rather the responsibility. [ 35 ] THE COURT: Okay.

So, Madam Clerk, you can vacate the previous guilty plea on that. [ 36 ] THE CLERK: Sorry, what was . . . [ 37 ] THE COURT: It was 3977-1, Count 1. [ 38 ] THE CLERK: Okay. [ 39 ] THE COURT: Okay.

So, now dealing with that Information, 3977-1, Count 1, and also dealing with 3784-2-C, Count 2, and also dealing with 6351-1, all three counts, I make the following disposition. [ 40 ] First of all, pursuant to s. 672.34, I find that at the time of all of these offences, that D.L.B. was suffering from a mental disorder so as to be exempt from criminal responsibility by virtue of s. 16(1) of the Criminal Code , and so I render a verdict that she committed these acts but she was not criminally responsible on account of a mental disorder.

Section 16 specifically refers to that she is not criminally responsible for these criminal acts because she was suffering from a mental disorder that rendered her incapable of appreciating the nature and quality of her acts or omissions or of knowing that it was wrong. [ 41 ] I base this finding, to be clear, on the report of Dr.

Morgan which has been marked as an exhibit, which was his NCRMD assessment, and very specifically I have reviewed paragraphs 26 through 32 in which he finds that [as read in]: D.L.B. has very significant difficulties in relation to her social, interpersonal, emotional, and moral development set against the backdrop of very significant early life trauma. [ 42 ] He says at paragraph 28: It appears to me that she becomes so disorganized in her perception and thinking that she enters a state of disassociation.

When in such a state, she is unable to control herself or remember it afterwards. [ 43 ] He himself observed this type of behaviour while he interviewed her. [ 44 ] He is of the opinion that she: . . . suffers from a number of mental disorders as enunciated in the DSMV.

By virtue of these mental disorders, she becomes so enraged by seemingly trivial matters that she reaches the point of disassociation and loses the ability or volition to control herself or perceive the consequences of her actions. [ 45 ] He therefore reaches the opinion that she suffers from a mental disorder and at the time of the offence in particular in relation to court file 6351-1: . . . her mental disorder was so severe as to deprive her of the mental capacity to appreciate the nature and quality of her actions. [ 46 ] He then recommends a disposition to the B.C.

Review Board. [ 47 ] The submissions that have been made to me are that her actions on the other files, which I have made my finding on per s. 672.34, are so similar to those in relation to the Information 6351 that this disposition ought to apply to all of those, and I do agree.

The doctor was simply unable to go over those facts with her because of her state, which is why his finding only related to the one information. [ 48 ] So I have made that finding with respect to those informations, and what I am going to do, pursuant to s. 672.45(1.1) is I am not going to hold a disposition hearing on those files and the files should be sent without delay, including any transcript of the court proceedings, and all of the exhibits filed within the court proceedings should be sent to the Review Board that has jurisdiction with respect of this matter. [ 49 ] So I am referring it in that manner to the Review Board.

[ 50 ] Pursuant to s.672.46, she is currently in custody but has not had a bail hearing. But pursuant to s.672.46 (2) she is currently in a hospital because of her mental health issues, and I am ordering and making a direction that she be detained in custody in a hospital pending her disposition by the Review Board as I have directed. [ 51 ] All right. So I believe I have covered all the orders that I need to make with respect to those files. (SENTENCING CONCLUDED)