r v. Cassidy, 2016 QCCQ 1943

R. c. Hargreaves 2016 QCCQ 1943 COURT OF QUEBEC Criminal and Penal Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL CITY OF MONTRÉAL N o : 500-01-063661-117; 500-01-067836-129; 500-01-073713-122; 500-01-106500-140; 500-01-106499-145 DATE: 30 March 2016 _____________________________________________________________________________ BEFORE THE HONOURABLE PATRICK HEALY, J.C.Q. _____________________________________________________________________________ THE QUEEN Prosecutor v.

Cassidy HARGREAVES Accused _____________________________________________________________________________ JUDGMENT _____________________________________________________________________________ [ 1 ] Ms.

Hargreaves pleaded guilty to eleven offences in five files: procuring; [1] living off the avails of prostitution; [2] trafficking (methamphetamine); [3] trafficking (ecstasy MDMA); [4] uttering threats; [5] obstruction of justice; [6] theft; [7] obstruction of a police officer; [8] and two counts of breach of conditions of interim release. [9] The prosecution proposes a sentence of two years on the most serious offences.

This is the total sentence proposed by the prosecution, although the distribution of the proposed sentences is varied among the files and the counts. [10] The defence proposes a conditional sentence of two years less a day. [ 2 ] The suggestions made by the parties demonstrate an agreement between them that a fit sentence must give effect in part to the objectives of denunciation and deterrence.

But, to the extent that is warranted by the evidence, a fit sentence must take into account all of the principles and objectives of sentencing that are recognised in the Criminal Code and the jurisprudence. [ 3 ] The submissions of both parties take into account not only the objectives of denunciation and deterrence but rehabilitation, social reintegration and increased sense of responsibility in the offender. That is, they take into account the gravity of the offences committed in the past, and the degree of responsibility for them, but the future prospects that Ms.

Hargreaves might become a productive and law-abiding member of society. This observation applies to the suggestion by the prosecution, which might otherwise appear to be lenient, given the gravity of the most serious offences and number of offences to which Ms. Hargreaves pleaded guilty. It also applies to the suggestion of the defence, which stresses the concrete evidence of improvement and reform demonstrated by Ms. Hargreaves since she pleaded guilty.

The principal difference between the positions advanced by the prosecution and the defence is whether a fit sentence requires the separation of the offender from society and incarceration in a penal institution. [ 4 ] The pre-sentence report makes clear that Ms. Hargreaves had a difficult childhood. The family was largely dysfunctional. In her adolescence Ms. Hargreaves had little structure in her life and her associations were mostly with others who were marginalised or criminalised. She began to consume alcohol and various drugs and developed a habit of frequent, if not daily, consumption.

She also became involved in prostitution. In the Youth Division of this Court Ms. Hargreaves was convicted of offences involving drugs, prostitution, assault and threats. As a young adult she was also convicted of possession of drugs and breach of conditions. [ 5 ] The pre-sentence report is mixed, although the supplementary report is more optimistic. It says that in the absence of structure and a clear plan for the future the risk of recidivism is significant. But it also says that since pleading guilty to the various offences now before the court Ms. Hargreaves has taken important steps to rehabilitate herself.

She claims to recognise the failures and wrongs in her past conduct. She claims that she wishes to put this way of life behind her and to commit herself to a productive and law-abiding future. She has followed her high-school studies towards a successful conclusion and she now claims that she wants to find suitable employment. It appears that she has the support of her family, most especially her grandmother, and that she has the support of law- abiding friends. Further, despite some difficulties, it appears that of late Ms.

Hargreaves has substantially complied with her conditions of interim release. [ 6 ] In short, while a fit sentence in this case demands terms that underscore the aims of deterrence and denunciation, there are also reasons for hope in the future. There is undoubtedly a risk that Ms. Hargreaves will reoffend in some manner and she faces now a profound challenge to maintain the self-discipline of a law-abiding and productive life, especially when it is noted that a conditional sentence allows no remission and must be served in full. She has said that she is committed to a new life and only she can prove it.

[ 7 ] The parties agree that a fit sentence in this case requires a term of imprisonment. They agree on the duration, but for one day. They disagree whether the sentence should be served in a penal institution or in the community. On this point of disagreement several points should be noted. First, there is no evidence to suggest that Ms. Hargreaves poses a danger to the community. Second, as noted in the pre-sentence report, there is a risk of reoffending but this risk exists in almost every case. This risk might well be greater if Ms.

Hargreaves were to serve a sentence of imprisonment in a prison because the hope of rehabilitation might be more remote. Third, the hope of rehabilitation is an aim that can only be tested and proved in the future but Ms. Hargreaves’s conduct since she pleaded guilty provides a positive foundation on which to rest that hope. [ 8 ] The margin of disagreement between the parties on a fit sentence is slight and, as in any case, imprisonment in a penal institution should be applied with restraint. The positions taken by the parties place in contrast the principles of parity and the individualisation of sentences.

The principle of parity might be invoked to support a sentence that is more severe than that proposed by the prosecution. To its credit, however, the submission of the prosecution takes into consideration not only denunciation and deterrence but the objectives of rehabilitation, social reintegration and the enhanced responsibility of the offender. In this respect the positions of the prosecution and the defence both seek to reflect all of these objectives. I am satisfied that these objectives will be enhanced if a term of imprisonment is served in the community. FOR THESE REASONS, Ms.

Hargreaves, the sentence of the court is as follows: 1.1 In the file 500-01-063661-117, on Count 4 and Count 5 there will be a conditional sentence of two years less a day, subject to the conditions enumerated below, followed by a probation of three years. 1.2 In the file 500-01-067836-129, on Count 1 there will be a conditional sentence of two years less a day, subject to the conditions enumerated below, followed by a probation of three years and concurrent with the sentence in file 500-01-063661-117; and in this same file (500-01-067836-129) on Count 3 and Count 4 there will be a concurrent conditional sentence of one year. 1.3 In the file 500-01-073713-122, on Count 1 and Count 2 and Count 3 there will be a conditional sentence of one year, subject to the conditions enumerated below, followed by a probation of three years and concurrent with the sentence in file 500-01-063661-117. 1.4 In the file 500-01-106500-140, on Count 1 there will be a conditional sentence of one year, subject to the conditions enumerated below, followed by a probation of three years and concurrent with the sentence in file 500-01-063661-117. 1.5 In the file 500-01-106499-145, on Count 1 and Count 2 there will be a conditional sentence of ninety days, subject to the conditions enumerated below, followed by a probation of three years and concurrent with the sentence in file 500-01-063661-117.

Conditions of the Conditional Sentences The conditions of the conditional sentences imposed herein are as follows: 2.1 You must keep the peace and be of good behaviour; 2.2 You must attend court as required, and once every six months from the date of this judgment; 2.3 For the first twelve months of the conditional sentence in files 500-01-063661-117 and 500-01-067836-129, you must at all times be at your place of residence, 130 Alston, Pointe Claire, Québec, with the following exceptions: 2.3.1 for paid and legitimate employment; 2.3.2 for any educational programme approved by your supervisor; 2.3.3 for any medical or therapeutic appointment; 2.3.4 for personal errands on Saturday between 12h00 and 17h00; 2.3.5 for any meeting with your supervisor; 2.3.6 for any other purpose approved in advance by your supervisor. 2.4 For the remainder of the conditional sentence you must respect a curfew in your place of residence between 22h00 and 07h00, except in accordance with the exceptions enumerated in paragraphs 2.3.1 – 2.3.6. 2.5 You must present yourself to a supervisor within 48 hours of this judgment and thereafter in accordance with the instructions of your supervisor. 2.6 You must comply with any directions or recommendations made by your supervisor. 2.7 You must advise the court or your supervisor of any change of address before making any such change. 2.8 You must respond by telephone to your supervisor, or another supervisor acting on behalf of your supervisor, at all times during the period of detention at your place of residence or during the period of curfew, and for these purposes you must maintain at your place of residence a land-line without message or forwarding services.

Probation

3.1 Following the expiry of all conditional sentences, you will be subject to an order of probation for a period of three years. 3.2 You must present yourself to a probation officer within 72 hours of the expiry of the conditional sentences. 3.3 During the period of probation you must follow all directions and recommendations of your probation officer.

Additional orders 4.1 In the file 500-01-033661-117 there will be an order for registration under the Sex Offender Information Registration Act (s. 490.019 of the Criminal Code ), with effect for a period of twenty years. 4.2 In the file 500-01-067836-129 there will be an order for registration under the Sex Offender Information Registration Act (s. 490.019 of the Criminal Code ), with effect for a period of twenty years and an order for a sample of DNA; and on Count 3 and Count 4 there will be a firearms prohibition pursuant to s. 109 of the Code for a period of ten years. ____________________________________ PATRICK HEALY, J.C.Q.

M e Marilène Laviolette For the prosecution M e Simon Rhéaume For Ms. Hargreaves