R. v. Baggs, 2015 ONCJ 697

Information No. 14-1592 CITATION: R. v. Baggs , 2015 ONCJ 697 ONTARIO COURT OF JUSTICE HER MAJESTY THE QUEEN v. LEVI BAGGS REASONS FOR SENTENCE BEFORE THE HONOURABLE JUSTICE D.A. HARRIS on November 4, 2015, at MILTON, Ontario APPEARANCES : M. Ward Counsel for the Crown M.D. Robitaille Counsel for Levi Baggs ONTARIO COURT OF JUSTICE TABLE OF CONTENTS

ENTERED ON PAGE REASONS FOR SENTENCE 1 Transcript Ordered: November 16 th , 2015 Transcript Completed: December 7 th , 2015 Ordering Party Notified: December 7 th , 2015 REASONS FOR SENTENCE HARRIS, J . (Orally): Levi Baggs entered guilty pleas to two counts of assault, both against A.P. He is before me today to be sentenced with respect to these charges. Crown counsel has suggested that the appropriate sentence is a suspended sentence, with probation running for a period of two years. Counsel for Mr.

Baggs has suggested that a conditional discharge is appropriate, with probation for a period of six months or less. Both counsel agree that I should make a firearms prohibition order, pursuant to

Section 110 of the Criminal Code . Both counsel also agree that this is an appropriate case for me to make a DNA order. The issues before me then, are whether to suspend sentence or to grant Mr. Baggs a conditional discharge. The second issue is the length of any probation that follows. I find that the appropriate sentence in this case is a conditional discharge with probation to run for a period of two years. My reasons for this are as follows: The facts as related to me indicate that Mr. Baggs and A.P. were in an on-and-off relationship for two-and-a-half years. A.P. lived with

Mr. Baggs and his parents for approximately two-and-a-half months, in the summer of 2012. Prior to the commencement of this relationship, when Mr. Baggs was 16 years old, he suffered an acquired brain injury as a result of being hit by a truck while skateboarding. Mr. Baggs and A.P. had a very bad and volatile relationship. In or around March 2014, they travelled together with a friend to Toronto to pick up some skis. On the way back home, they began to argue. Mr. Baggs pulled the car over to a parking lot somewhere in Halton. Once parked, Mr.

Baggs forcibly grabbed, pushed and pulled A.P. in an attempt to get her out of the car. He also threw her purse out of the car, into the parking lot. Over the course of the relationship, Mr. Baggs threatened A.P. The threats were that if she left him, he would kill himself. Sometimes, he sent her pictures of prescription pill bottles as part of the threat to his own life. He also threatened her life, and threatened to harm her by saying he would “beat her up” or “kick her ass”. He also called her names. On a number of other occasions, he became assaultive towards her.

This assaultive conduct never led to any lasting injuries, but there were occasions when there were marks on her body. On most occasions when Mr. Baggs was assaultive towards A.P., he would immediately express contrition and tell her that he would not do it again. Counsel for Mr. Baggs has provided me with a number of letters in support of Mr. Baggs. A number of these letters come from family members and friends. They all indicate that the behaviour that brings Mr. Baggs before the court is at most, a very small part of his life.

Other than this, he is a caring young man who has attempted to do the right thing with other individuals; he has gone out of his way to assist others. It is quite clear that everyone believes that his behaviour towards A.P. was primarily driven by his acquired brain injury. It would also appear that it was in part a result of what was genuinely a very bad relationship between the two individuals. The other letters come from professionals. These include Doctor Seyone, who is the director of the acquired brain injury clinic at the University of Toronto. They include a letter from Barry Falls, his social worker.

Finally, they include a letter from Rob Pividor, a rehabilitation consultant. These three letters provide me with some insight as to the steps that Mr. Baggs and those around him have taken to attempt to deal with issues arising out of his injury. It is clear that he appreciates the seriousness of the situation. It is clear that he is taking steps to deal with his condition. It is clear that the acquired brain injury is a significant underlying cause here. What is also apparent, however, is that part of the difficulty is that Mr.

Baggs is sometimes compliant with respect to taking prescribed medication, and sometimes he is not. The suggestion from his doctor is that if he takes the medication, the likelihood of a repeat of these crimes is greatly diminished. The doctor does not come right out and say it, but simple logic tells me that the converse is true. The likelihood increases if he is not taking the medication. The doctor does not say that there is a high likelihood or really provide any sort of assessment of that.

However, the doctor does basically indicate that in the absence of medication, there is no, I will use the generic term, brake mechanism on Mr. Baggs’ temper on occasion. The indication in the report is that he can go from one to ten, I think is the wording, very quickly and under circumstances that others around him would not have reason to anticipate. So I wish to stress to Mr. Baggs and to all that it is clear to me that it is important that he take the advice of his medical advisers and that he take his medication as prescribed.

I am told that for the past two weeks he has in fact been doing so, and that for the moment he intends to continue to do so. Again, I will commend him to continue with that approach. Counsel in this case have been of great assistance to me with respect to this sentencing. I appreciate the degree of cooperation between the two of them, simply leading to the entering of guilty pleas to these charges and the resolution of the matter. Both counsel approached this in a highly professional manner, and as a result, we resolved what could have been a very painful trial for everyone.

In addition, counsel have provided me, not with just the background information about Mr. Baggs, but also a number of cases dealing with the law. And they have scrambled, as I have attempted to raise questions at the last minute, and I greatly appreciate the effort by both of them. I do not intend to go through the law in any great detail. I will reduce it to its basics. A discharge is available as long as I am satisfied that it is in Mr. Baggs’ interest and not contrary to the public interest.

The law makes it clear that a discharge is not precluded for any particular offence, so long as the offence falls into the limited list, and that I am satisfied with respect to those two conditions. In this case, I am satisfied, clearly that a discharge would be in his interest. I am also satisfied that it would not be contrary to the public interest. In making the latter determination, I am looking at the fact that Mr. Baggs is a young man. He has no prior criminal record. He has his whole life ahead of him, and I do not wish to place any more impediments than are necessary, before him.

He has been on bail for the past one-and-a-half years. There is no indication that there has been any difficulty during that time, either involving A.P. or anyone else. I have been told that he spent three days in custody, and I suspect that that experience provided him a much more pointed

lesson than anything that I can say to him during the course of my reasons for sentence. Finally, I note that the conditions of probation to be imposed by me will be the same, whether part of a suspended sentence or a conditional discharge. So Mr. Baggs, I am granting you a conditional discharge. I am placing you on probation for a period of two years. I realize that this may delay your eligibility for certain volunteer work. I have considered that. However, I believe that it is important that you be provided with guidance and supervision for two years, and not for a shorter period of time.

The terms of the probation will require you to keep the peace and be of good behaviour. You will appear before the court when required to do so by the court or the probation officer. You will notify the court or the 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. You will report in person to a probation officer immediately, and after that, at all times and places as directed by the probation officer or any person authorized by a probation officer, to assist in your supervision.

You will cooperate with your probation officer. You must sign any releases necessary to permit the probation officer to monitor your compliance, and you must provide proof of compliance with any condition of this order, to your probation officer on request. Do not contact or communicate in any way, either directly or indirectly by any physical, electronic or other means, with A.P. or her parents, or stepparents or brothers, or stepbrothers. Do not be within 20 metres of any place where you know any of the persons named above to live, work, go to school, frequent, or any place you know the persons to be.

You will not possess any weapons as defined by the Criminal Code , for example, a BB gun, pellet gun, firearm, imitation firearm, crossbow, prohibited or restricted weapon or device, ammunition or explosive substance, or anything designed to be used or intended for use to cause death or injury, or to threaten or intimidate any person.

You will attend and actively participate in all assessment, counselling or rehabilitative programs as directed by the probation officer, and complete them to the satisfaction of the probation officer for: anger management, psychiatric or psychological issues, counselling with Barry Falls. You will make an appointment and see Doctor C. Seyone, a physician or his designate, within 60 days for the purpose of receiving such medical counselling and treatment as may be recommended, except that you shall not be required to submit to any treatment or medication to which you do not consent.

You shall provide your treating physicians with a copy of this order, and the name, address and telephone number of your probation officer. You shall instruct your treating physician that if you fail to take medication as prescribed by him, or fail to keep any appointments made with him, he is to advise your probation officer immediately of such failures. You will take reasonable steps to maintain yourself in such condition that:

a) Your acquired brain injury will not likely cause you to conduct yourself in a manner dangerous to yourself or anyone else; and

b) it is not likely you will commit further offences. Pursuant to

Section 110 of the Criminal Code , for the next five years you are prohibited from owning, possessing or carrying any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance. Both offences are secondary designated offences, but I agree with counsel that this is an appropriate case for me to make an order authorizing the taking of such bodily substances, including blood, as are necessary for forensic DNA analysis. We will make an appointment today for you to provide those samples.

Finally, I am giving you 90 days in which to pay the surcharges. Mr. Baggs, do you understand the terms of the probation and the firearms prohibition? LEVI BAGGS: Yes, Your Honour. THE COURT: Can you live up to them? LEVI BAGGS: Yes, Your Honour. THE COURT: Do you understand that if you breach any of those terms, you can be charged with a criminal offence? LEVI BAGGS: Yes, Your Honour. ...PROCEEDINGS CONCLUDED FORM 2 Certificate of Transcript Evidence Act , Subsection 5(2) I, Nicole Fyffe certify that this document is a true and accurate transcription of the recording of R. v.

BAGGS, Levi in the Ontario Court of Justice held at 491 Steeles Avenue East, MILTON, Ontario taken from Recording(

s) No. 1211-16-20151104- 091545-6-HARRISDAV which has been certified in Form 1.

_________________________ __________________________________ (Date) (Signature of authorized person) *This certification does not apply to the (Rulings, Reasons for Judgment, Reasons for Sentence, Charge) which was/were judicially edited.