R. v. Bragg, 2021 NLSC 145

court crest IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR GENERAL DIVISION Citation : R. v. Bragg , 2021 NLSC 145 Date : November 4, 2021 Docket : 201801G6077 Her Majesty The Queen v. Steven Bragg Before: Justice Donald H. Burrage Place of Hearing: St. John’s, Newfoundland and Labrador Date of Hearing: October 19, 2021

Summary: The offender pled guilty to second-degree murder in the strangulation death of his victim. He had no prior criminal record and his prospects for rehabilitation were excellent. The offender was sentenced to life imprisonment and parole ineligibility was set at ten years. Appearances:

Lisa M. Stead Appearing on behalf of the Crown Nakita A.F. Ryan Robert W. Buckingham Appearing on behalf of the Accused John D. Brooks, Q.C. Authorities Cited: CASES CONSIDERED: R. v. Shropshire, (SCC), [1995] 4 S.C.R. 227; R. v. Stiers, 2010 ONCA 656; R. v. Whiteway,2010 NLTD(G) 141; R. v. Bhandher, 2010 BCSC 1812; R. v. Tan, 2011 BCSC 595; R. v. Pandurevic, 2013 ONSC 3323; R. v. Gauthier,2006 NLTD 130; R. v. Folker, 2013 NLTD(G) 176; R. v. Pendergast (2002), (NL SC), 214 Nfld. & P.E.I.R. 9, 55W.C.B. (2d) 480 (Nfld. S.C.(T.D.)); R. v. Hart, 2007 NLTD 184 STATUTES CONSIDERED: Criminal Code, R.S.C. 1985, c.

C-46 REASONS FOR JUDGMENT Burrage, J.: INTRODUCTION [1] On the morning of 11 November 2017 the lifeless body of Victoria Head was discovered at O’Brien’s Farm, in St. John’s, by alady walking her dog. Ms. Head had been strangled. It is a Remembrance Day that those who knew and loved her will never forget. [2] Steven Bragg was subsequently charged with first-degree murder, but on 31 May 2021, with the consent of the Crown, heentered a plea of guilty to second-degree murder, contrary to s. 235(1) of the Criminal Code, R.S.C. 1985, c. C-46. Mr.

Bragg was thenconvicted of this offence, based upon an Agreed Statement of Facts. [3] As the mandatory sentence for second-degree murder is life imprisonment, this decision concerns the appropriate period ofparole ineligibility. In accordance with s. 745.4 of the Criminal Code, the court may set the period of ineligibility at between 10 and 25years, having regard to the offender’s character, the nature of the offence, the circumstances surrounding its commission, and anyrecommendation by the jury. As Mr.

Bragg pled guilty, there is no jury recommendation. [4] The sliding scale of parole ineligibility recognizes that when it comes to second-degree murder there is a broad range ofseriousness and degrees of moral culpability. Unusual circumstances are not required, however, to extend the period of ineligibilitybeyond 10 years. Each case is unique and the sentencing process is intensely fact –sensitive (R. v. Shropshire, (SCC),[1995] 4 S.C.R. 227, at para. 49). [5] The years of parole ineligibility are not subject to reduction through statutory release, or early parole, as is the case with othersentences.

Therefore, a year of ineligibility is precisely that, 365 days. In addition, a life sentence remains a life sentence. Upon expiryof the period of parole ineligibility imposed by the court, it is the parole authorities who will determine Mr. Bragg’s suitability forrelease. [6] Finally, parole eligibility is part of the sentencing process and for this reason, the general sentencing principles in the CriminalCode must also be considered. [7]

Section 718 outlines the following purpose and objectives in sentencing: 718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect forthe law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the followingobjectives: (

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. [ 8 ]

Section 718.1 states: 718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 9 ] Subsection 718.2(

a) enumerates a number of deemed aggravating factors in sentencing, none of which are applicable to the sentencing of Mr. Bragg. Subsection 718.2(

b) speaks of parity, that a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances. [ 10 ] The remaining relevant subsections of s.718.2 provide that: 718.2 … (

d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and (

e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders. [ 11 ] In argument, the Crown also referred to

section 718.04 of the Criminal Code .

It reads: 718.04 When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence. [ 12 ] This provision emphasizes the need for denunciation and deterrence where the offence involves the abuse of a vulnerable person because of that person’s personal circumstances, including because that person is Aboriginal and female.

Position of the crown and defence [ 13 ] The Crown submits that Mr. Bragg should not be eligible for parole until he has served between 15 and 17 years of his life sentence. In addition, the Crown points to the mandatory DNA Order and, given the seriousness of the offence, seeks a firearms’ prohibition for life. [ 14 ] The defence, on the other hand, submits that Mr. Bragg should not be eligible for parole until he has served 10 years of his life sentence, the minimum permitted for second-degree murder.

The defence takes no position with respect to the ancillary DNA and firearms’ Orders. the offence [ 15 ] Turning first of all to the nature of the offence and circumstances surrounding its commission. [ 16 ] Mr. Bragg was convicted based upon an Agreed Statement of Facts, dated 28 May 2021, which I incorporate into this decision, without attachments, as Appendix “A”. [ 17 ] To summarize, at approximately 8:00 a.m. on the morning of 11 November 2017, Ms. Head’s body was discovered in the area of O’Briens Farm Road, St. John’s, NL, by a lady walking her dog. Ms.

Head was lying on her back in a small alcove away from the road, with a blue braided bootlace, or string, across her neck. She had been strangled by Mr. Bragg, whose DNA was discovered on the ligature, Ms. Head’s leggings and on an oral swab taken at autopsy. Ms. Head was not wearing a coat, but she was otherwise fully clothed. Her pants were dirtied with mud. There was a ligature mark around her neck. There was no evidence that Ms. Head was otherwise injured. [ 18 ] Late in the afternoon on 11 November 2017 Mr. Bragg was reported missing by his father-in-law. After unsuccessful efforts to reach Mr.

Bragg on his cellphone, or at his address, the following day the RNC issued a media release which included a recent photo of Mr. Bragg. [ 19 ] On 15 November 2017, Ms. Head’s brother informed the RNC that Ms. Head knew Mr. Bragg and that he had been introduced to him by her. At this point Mr. Bragg became a person of interest.

[ 20 ] On 17 November 2017, Mr. Bragg phoned the RNC from Fredericton, New Brunswick. While acknowledging that he knew Victoria Head, he stated that the last time he had seen her was three or four weeks previous. He repeated this lie when he was interviewed by the police in Collingwood, Ontario, on 25 November 2017. This time he maintained that while he had seen Ms.

Head five or six times, the last time he saw her was five or six weeks prior to the interview, when he dropped off a half dozen beer. [ 21 ] Following an investigation which included the use of video surveillance, cellphone tracing and DNA analysis, on 22 December 2017, Mr. Bragg was arrested and charged with Ms. Head’s murder. Victim Impact Statements [ 22 ] Victim Impact Statements were provided by Ms. Head’s father, Pierce Head; her daughter, Jasmine Head and sister, Jessica Head. [ 23 ] The pain, suffering and loss occasioned by the tragic and untimely death of Ms. Head cannot be overstated.

She was clearly loved by all who knew her. Her daughter, Jasmine, concludes her statement, “There’s an emptiness in my heart and soul because I can’t share the things I want to with my mom. She should be here with us but she was robbed of the rest of her life and we were robbed of a life with her in it.” [ 24 ] Ms. Head’s sister Jessica, writes, “there is an emptiness inside me due to Victoria’s death that will haunt me every day for the rest of my life”. “Victoria was kind, loving, happy, sincere, loyal genuine and most of all, caring.

Today and for the rest of my life, I’m mourning the loss of my little sister.” [ 25 ] Finally, Ms. Head’s father writes of “our beautiful angel,” how he cries all the time and is on medication to help stabilize his depression and anxiety. He observes with wisdom that, “no parent should ever have to lay their child to rest”, much less at the hands of someone else. [ 26 ] While these are the statements received by the court, it must be recognized that the victims of Mr. Bragg’s crime do not end there. The death of another human being resonates beyond those who complete Victim Impact Statements. The murder of Ms.

Head was a senseless act which has forever changed the lives of those who knew her. Character of the Offender [ 27 ] A comprehensive pre-sentence report in relation to Mr. Bragg was prepared by Adult Probation Officer, Lori Smith, dated 1 September 2021. It is grounded on information received from Mr. Bragg; his wife; father-in-law; daughter; aunt and two friends, one of whom was also his employer.

In addition, information was obtained from professionals; Melissa Gorman, social worker; Sam Martin, psychologist at Her Majesty’s Penitentiary (HMP); Nicholas Dobson, Salvation Army Pastor; Cathie Connors, Classification Officer at HMP and Mr. Bragg’s High School teacher, Monica Behr. [ 28 ] Mr. Bragg is presently 39 years old, married and the father of two children, ages 19 and 10, the youngest of which has autism. He has no criminal record. [ 29 ] In 2000, Mr. Bragg graduated with honours from high school. While in school he worked part-time with the The Telegram and Dominion. Mr.

Bragg’s high school teacher describes him as an “avid student, curious and intelligent, responsible and diligent in competing his work”, with plans to attend university, until the new responsibilities of fatherhood arose. She writes that, “It was totally unexpected to find him in this place in his life.” [ 30 ] In 2001, Mr. Bragg commenced training at The Carpenters Training Institute, but left after seven months into the nine-month program to work. His then girlfriend, now wife, was expecting their first child and he needed the income. Mr.

Bragg continued to be gainfully employed up until charged with the present offence. Specifically, he worked at The Telegram from age 19 to 27, when he took a few years to work fulltime in the carpentry field. He is by all accounts a highly skilled carpenter, who also worked odd carpentry jobs to supplement his income. After a few years, he returned to The Telegram, where he worked until charged with the current offence. [ 31 ] After the birth of their second child, Mr. Bragg and his wife experienced marital difficulties.

Ultimately, they separated on New Year’s Eve, in 2016. [ 32 ] It was during this period of separation that Mr. Bragg’s lifestyle changed and he committed the crime for which he is now convicted. Several months after living on his own he began using cocaine and progressed quickly to smoking crack. Mr. Bragg reports not using any type of drug previously, and that the last time he took drugs was on 11 November 2017. [ 33 ] From 27 March 2020 until 31 May 2021 (the date of conviction), Mr. Bragg was released on bail, without incident.

His aunt and surety, Mary Kerrivan, described him as “always a good boy” and “no trouble at all.” It was during this time that he reconciled with his wife. [ 34 ] Mrs. Breen-Bragg, Mr. Bragg’s spouse and partner of over 20 years, confirmed that throughout their marriage Mr. Bragg did not drink or use drugs, often opting to stay at home with his daughters. She stated that she has never witnessed Mr. Bragg being anything but kind and gentle. She was therefore understandably devastated and shocked upon learning of the matter before this court. [ 35 ] Mrs.

Breen-Bragg described the deep love shared between her husband and his two daughters and how he remained interested and active in their lives during their period of separation. As part of the pre-sentence report she provided a heartfelt letter of support for her husband, while at the same time acknowledging the tragic loss of Ms. Head to her family and friends. [ 36 ] Probation Officer Smith writes that Mr.

Bragg’s oldest daughter presented as a “bright, well-adjusted young woman.” She described her father to be the “the kindest and most loving person,” who was always there for her “no matter what.” She too expressed confusion over the present matter, as she had never seen her father angry or abusive towards anyone.

[ 37 ] Mr. Bragg’s father-in-law echoed the sentiments of his daughter and granddaughter, describing Mr. Bragg as a hard worker as well as a good husband and father. He states that while he will never understand or recover from what has happened, he will always love and continue to support Mr. Bragg unconditionally. [ 38 ] Similar sentiments were expressed by Mr. Bragg’s lifelong friends. [ 39 ] While incarcerated at HMP Mr. Bragg has been working in the carpenter shop and has participated in mental health and addictions programming. He self-referred for the services of Mr. Sam Martin, psychologist. Mr.

Martin writes: Mr. Bragg is very engaging and forthcoming with his mental/emotional issues and, at the time, presents as being stable and focused on his situation going forward. He has a mature approach to his current situation and generally maintains a positive outlook. He expresses love and concern for his two children with a significant interest in their well-being. My observation of Mr. Bragg within the prison indicates him to be a model inmate with a highly skilled daily job in the carpenter shop. From a Psychological perspective, Mr.

Bragg presents as a very stable intelligent man who can process with excellent comprehension and common sense thinking having great potential for success going forward. [ 40 ] Mr. Martin’s assessment is shared by Nicholas Dobson, Pastor at HMP. Pastor Dobson advises that Mr. Bragg comes to see him voluntarily on a weekly basis and has expressed much remorse over his actions and the pain he has inflicted on Ms. Head’s family, as well as his own. Like Mr. Martin, Pastor Dobson believes that there is much potential in Mr.

Bragg and hope for rehabilitation. [ 41 ] Cathie Connors, Classification Officer at HMP, described Mr. Bragg as a willing and active participant in programming. [ 42 ] According to Probation Officer Smith, during his time at HMP file information reveals that Mr. Bragg was violently assaulted by another inmate. He had one institutional infraction, which Probation Officer Smith suspects was the result of peer pressure from other inmates. [ 43 ] Probation Officer Smith sums up her assessment of Mr. Bragg: Mr. Bragg was polite and cooperative with the author of this report.

He was forthcoming with sensitive information and expressed much remorse for his actions. Mr. Bragg acknowledged the severe emotional pain that he has caused others, particularly the victim’s family. The defendant stated that he was heavily under the influence of drugs the night the offence occurred but was quick to add that this was no excuse for his offence or the actions that took place in the days following. He offered insight into his offending behaviour and the link between his substance use and criminality. It is the opinion of this writer that Mr.

Bragg has accepted responsibility for the matter presently before the court. The defendant acknowledged that because of his actions, there has been irreparable damage as a human life has been lost. [ 44 ] Mr. Bragg addressed the court at his sentencing hearing. He expressed remorse for his actions and apologized to the family of Ms. Head as well as to his own family. I accept Mr. Bragg’s expression of remorse as genuine and his apology as sincerely given. ANALYSIS [ 45 ] It is a principle of sentencing that like cases should be decided alike (s. 718.2(b)).

The devil is in the details, of course, and recognizing that no two cases are identical, I was referred to a number of prior decisions which the Crown and defence argue support their respective positions regarding parole eligibility. I have reviewed and considered all those to which I was referred, but in reaching my decision have found the following worthy of further elaboration. [ 46 ] First, I turn to those relied upon by the defence in support of a 10 year period of parole ineligibility. R. v.

Stiers , 2010 ONCA 656 [ 47 ] A verdict of first-degree murder was substituted with second-degree murder by the Court of Appeal and parole ineligibility set at 10 years. The 23-year-old offender was convicted by a jury in the stabbing death of his 19 year old victim. Mr. Stiers worked as a painter and labourer, had limited education and a serious history of alcohol and drug abuse. He had a criminal record of 14 prior convictions, linked to this abuse, but none involving crimes of violence. While he continued to maintain that he acted in self-defence, on appeal he expressed remorse.

The court observed that this expression of remorse and apology came “very late in the day.” The victim impact statements showed the devastating effect on the victim’s family, who lost a young man of “warmth, good humour, and enormous promise and potential.” R. v. Whiteway , 2010 NLTD(G) 141 [ 48 ] Whalen, J. (as he then was) imposed a 10-year period of parole ineligibility following a guilty plea to second-degree murder.

The first time offender, who was 21 at the time, went into the basement, loaded his gun and proceeded to shoot his stepmother in the head from 10 feet away, while she was drinking tea on the couch upstairs. Mr. Whiteway then turned the gun on himself, seriously injuring his jaw. At the time, the victim’s 12-year-old son was upstairs in his bedroom, but unaware of the shooting. No clear motive was determined, but Whiteway had a long history of mental illness. There was no evidence of alcohol or drugs.

There were 11 victim impact statements, from which it was evident that the victim was a good person and close to her family. R. v. Bhandher , 2010 BCSC 1812 [ 49 ] Dickson, J. set parole ineligibility at 10 years following a jury conviction for second-degree murder. The victim was shot

several times, initially in the right thigh and forearm and then twice in the back, as he fled. Mr. Bhandher was 31 years old at the time of the offence, with a single criminal conviction for dangerous driving. However, he admitted that he engaged in a criminal lifestyle, which included drug use, drug trafficking and drug smuggling. On the other hand, he also participated in volunteer activities for youth and fundraising for charitable organizations. He was remorseful with good prospects for rehabilitation. R. v.

Tan , 2011 BCSC 595 [ 50 ] Savage, J. set parole ineligibility at 10 years following conviction for second-degree murder. The offender, who was 22 years old at the time, stabbed his 50-year-old victim several times in an unprovoked attack at the victim’s pawn shop. He then fled the country, but was extradited from Belgium following his arrest there on charges related to credit card fraud. Once arrested, he confessed and wrote a letter of apology. Mr. Tan had a prior criminal record, but no history of violent offences. The victim left behind a wife and four children. R. v.

Pandurevic , 2013 ONSC 3323 [ 51 ] MacDonnell, J. set parole ineligibility at 10 years following conviction by a jury of second-degree murder. Mr. Pandurevic was 22 years old, with no prior criminal record. He stabbed his victim multiple times, one of which pierced the victim’s heart. He then fled to Bosnia, where he remained for six months before returning to Canada and surrendering to police.

The offender expressed genuine remorse. [ 52 ] In three of the foregoing decisions the offender had either a criminal record, ( Stiers , Tan ) albeit not for crimes of violence, or admitted to a criminal lifestyle ( Bhandher ). Two involved the use of a firearm. In one the victim was shot multiple times while fleeing ( Bhandher ) and in the other the victim was shot in the head while drinking tea ( Whiteway ). In two the offender fled the country for a period of time ( Tan , Pandurevic ). In four of these cases convictions were entered following a trial ( Stiers , Bhandher , Tan , Pandurevic ).

While a plea of not guilty is not an aggravating factor, the offenders in these cases did not benefit from the mitigating effect of a guilty plea. Four involved offenders in their early 20’s ( Stiers , Whiteway , Tan , Pandurevic ), while in one the offender was in his early 30’s ( Bhandher ). [ 53 ] Turning now to a consideration of those cases relied upon by the Crown. Of these, the Crown argued that the first two I shall reference are most similar to the within matter. R. v. Gauthier , 2006 NLTD 130 [ 54 ] Barry, J. set parole ineligibility at 17 years, after Mr.

Gauthier was convicted by a jury of second-degree murder in the beating and strangulation of his female victim. [ 55 ] It is true, as the Crown points out, that both Gauthier’s victim and Mr. Bragg’s victim were female and both died from ligature strangulation. However, here the similarity between the two cases ends. Mr. Gauthier “savagely punched and kicked” his victim in the face an hour before killing her, as confirmed by “her bruised and swollen face after death” (at paragraph 21). He told his victim that he had to kill her and fought with another who tried to protect her.

After the murder he called a former roommate to help dispose of the body. Instead, the roommate tipped off the police. [ 56 ] Mr. Gauthier also had a prior criminal record which included crimes of violence including convictions for assault, assaulting a peace officer, obstructing a peace officer, being unlawfully in a dwelling house and assault and breaking and entering. Mr. Gauthier also had serious problems with alcohol and drugs throughout his life and was diagnosed as having Anti-Social Personality Disorder and Borderline Personality Disorder. He was at a high risk of reoffending. In his conclusion on Mr.

Gauthier’s character, Barry, J. writes (at paragraph 20): 20 Overall, I am concerned about the risk to the public because of Gauthier's explosive temper and impulsiveness towards violence, particularly when fuelled by alcohol and drugs. He has not learned his lesson from past convictions and periods of incarceration. His potential future dangerousness weighs in favour of an increase in the period of parole ineligibility. [ 57 ] Clearly, when it comes to the character of the offender, Mr. Gauthier and Mr. Bragg have as much in common as chaulk and cheese.

Rather, than justify a parole ineligibility of 17 years, I find that Gauthier points in the opposite direction. R. v. Folker , 2013 NLTD(G) 176 [ 58 ] Following a trial, Mr. Folker was convicted by a jury of second-degree murder in the beating death of his common law spouse, Ann Marie Shirran. Ms. Shirran’s decomposed remains were found some months after her death by campers. She had been ravaged by animals. Dymond, J. set Mr. Folker’s period of parole ineligibility at 15 years. [ 59 ] Mr. Folker killed Ms. Shirran with a blunt force blow to the back of her skull.

He then wrapped her body in a blanket and drove, along with his one-year-old child, to a heavily wooded area in Cappahayden, where he left her to the elements. The next day he called in a missing person’s report, sending the police, family and friends on a wild goose chase. The result was to keep hope alive that Ms. Shirran would be found safe. Dymond, J. writes (at paragraph 24): “This deep deception does not bode well as it relates to the character of Mr. Folker.” [ 60 ] While Mr.

Folker professed remorse following his conviction, Dymond, J. was not sure whether the remorse was “true remorse or further deception” (at paragraph 26). [ 61 ] As a mitigating consideration, Mr. Folker was a first time offender with no evidence of a violent past. [ 62 ] Mr. Folker did not benefit from the mitigating consideration of a guilty plea, lacked true remorse, and the circumstances of the offence were more egregious than that before the court. He hid his victim, leaving her to the elements and sent the police, family and

friends on a fool’s errand in the hope they would find her alive. The case was one of domestic violence, as Mr. Folker and Ms. Shirranwere in a common law relationship, a deemed aggravating factor on sentencing (s. 718.2(a)(ii)). R. v. Pendergast (2002), (NL SC), 214 Nfld. & P.E.I.R. 9, 55 W.C.B. (2d) 480 (Nfld. (S.C. (T.D.)) [63] Mr. Pendergast pled guilty to second-degree murder in the shooting death of his estranged common law partner, BrendaGillingham. Parole ineligibility was set by Halley, J. at 15 years. [64] Mr. Pendergast brought a loaded shotgun to Ms.

Gillingham’s apartment, concealed it on the way in, and proceeded to shoother in the face saying, “I’m going to fucking goddam kill you.” The blast blew away most of her face, including her eyes, nose andmouth. He first assaulted her by striking her in the face with his fist. The horrific scene was witnessed by Ms. Gillingham’s 14-year-oldson.

Halley, J. described the murder as having all of the “elements of an execution style killing” (at paragraph 31). [65] In his favour, Pendergast had no criminal record and was employed at the time. [66] The sheer brutality of the crime, use of a firearm, the fact it was witnessed by the victim’s 14 year old son, and existence of acommon law relationship, distinguish this case from that of Mr. Bragg. R. v. Hart, 2007 NLTD 184 [67] This decision of Goulding, J. is another strangulation case referred to by the Crown. Mr. Hart was initially charged with firstdegee murder, but entered a guilty plea to second degree.

The circumstances of the offence were summarized by Goulding, J. atparagraph 23: 23 To murder a fellow human being is one of the most serious crimes a person can commit. The nature and circumstances of thisoffence are particularly chilling and disturbing. After having consensual sexual activity with this young woman, Jamie Hart, for noapparent reason, wrapped a cord tightly around her neck three times and strangled her. The autopsy report indicated abrasions andcontusions on her body, a bite mark on the mons pubis and encrusted and abraded nipples. Dr.

Avis could not determine if the nippleshad actually been removed, but Jamie Hart confessed to having bitten the nipples off. He offered no explanation, other than hisconsumption of sleeping pills and alcohol. There is no indication of any injuries to Jamie Hart. This vicious attack on Geraldine Paynewas unprovoked. There is no evidence, though, of planning and deliberation on the part of Jamie Hart. [68] Mr. Hart was 32 years old at the time of sentencing with four prior criminal convictions, one for uttering threats some sevenyears prior. There was no other indication of violence in the past.

He entered a guilty plea and was remorseful, both mitigating factorsin sentencing. Unfortunately, the court had no information relating to Mr. Hart’s educational endeavours, or history of employment. [69] Hart is closer on its facts to the present case. However, in Hart there was what Goulding, J. described as “unusual and sadistic”features to the crime, as in addition to the abrasions and contusions to the victim’s body, Mr. Hart bit her nipples off and left a large bitemark in her pubic area. [70] In addition, Mr. Hart had a criminal record, albeit not for violence. Mr. Bragg does not. Nothing was known of Mr.

Hart’seducation or employment history. In contrast, Mr. Bragg graduated grade 12 with honours, and has been a productive working memberof society until the present charge. [71] If Hart is to be used as a comparator, it is suggestive of a period of parole eligibility of less than 13 years. [72] Without minimizing the brutality of Ms. Head’s death, there is no evidence of further gratuitous or sadistic violence, as appearsin some of the case law (Gauthier, Pendergast, Hart). Nor is there evidence to support a finding that Mr. Bragg attempted to dispose of,or otherwise hide Ms. Head’s body (Gauthier, Folker).

She was found early the following morning, as she lay, with ligature still on herneck by the side of the road. [73] Other than being female, I have no other evidence regarding Ms. Head’s “personal circumstances” which would qualify her as a“vulnerable person” within the meaning of s. 718.04 of the Criminal Code. Nevertheless, I am prepared to accept that deterrence anddenunciation are the primary sentencing objectives in this case. Society’s abhorrence of this type of crime demands denunciation and asentence that will serve to deter others who might be likeminded.

However, to say that denunciation and deterrence are primary is not tosay that they are the only sentencing objectives. The sentencing process is intensely fact sensitive (Shropshire, at paragraph 49) andrehabilitation of the offender, proportionality and the Criminal Code’s other sentencing principles remain relevant. [74] When initially confronted by the police Mr. Bragg lied, as he sought to distance himself from the scene. His ultimateconfession was over three years in the making. At the same time, while late in the day, it must be acknowledged that Ms.

Head’s familywas thereby spared the trauma of a trial and saved the Crown and court considerable resources. Furthermore, when Mr. Bragg finallycame to terms with what he had done, he was extremely remorseful and apologetic. Ms. Head’s family may or may not ultimately cometo accept that apology, but I accept that it is sincerely given. [75] There are times, thankfully rare, when otherwise good people do terrible things. This is one such occasion. Mr. Bragg has nocriminal antecedents and but for the tragic events of 11 November 2017, has lived a useful and productive life. Mr.

Bragg continues tohave the love and support of his family and friends, all of whom are understandably shocked and devastated by what Mr. Bragg hasdone. By all accounts, the offence is wholly out of character, for a man variously described as “kind”, “gentle” and “hardworking.” Those who know Mr. Bragg are left asking “Why?”, as no doubt are Ms. Head’s family, and indeed this court. Only Mr.

Bragg knowsthe answer. [76] While the failure to explain the killing can work to the offender’s detriment on sentencing (Shropshire, paragraph 41), theCrown has asked that I not treat it as such in this case, since the conviction was based on a negotiated Agreed Statement of Facts betweenthe Crown and defence.

[ 77 ] During his time on bail, Mr. Bragg resumed his family responsibilities and abided by all conditions of his release. He is proving to be a model inmate. Upon his release, there is every reason to expect that he will once again return as a contributing member of society. His prospects for rehabilitation are very good. In the words of Sam Martin, the HMP psychologist, Mr.

Bragg has “great potential for success going forward.” [ 78 ] It is clear from the case law that where the prospects for rehabilitation are good, depending on the circumstances of the offence, the twin objectives of denunciation and deterrence can be met with a period of parole ineligibility at the minimum of 10 years. The cases referenced by the defence stand as a testament to this fact. DISPOSITION [ 79 ] For the foregoing reasons, and taking into consideration the principles of sentencing, the character of Mr.

Bragg and circumstances of the offence, the sentence I thus impose, is as follows: [ 80 ] Pursuant to s. 109(1) of the Criminal Code , Steven Bragg is prohibited for life from having in his possession any firearm, crossbow, restricted or prohibited weapon or device, ammunition or explosive substance. [ 81 ] Pursuant to s. 489.051 of the Criminal Code , the appropriate peace officers, or those authorized under their direction, may take from Steven Bragg any number of bodily substances that are reasonably required for DNA analysis. [ 82 ] As the sentence for Mr. Bragg is that of life imprisonment and Mr.

Bragg has no source of income, I waive the victim fine surcharge. [ 83 ] Finally, for the second-degree murder of Victoria Head, I sentence Steven Bragg to life imprisonment with no eligibility for parole until he has served ten (10) years of his sentence. _____________________________ Donald H. Burrage Justice Appendix “A” Agreed Statement of Facts and Admissions Scene 1. On November 11, 2017 at approximately 8:00 am Victoria Head (D.O.B. October 12, 1981) was found deceased by Cora Lee Young. Ms. Young was walking her dog in the area of O’Brien’s Farm Road in St.

John’s, Newfoundland and Labrador when she noticed Ms. Head lying on her back in a small alcove away from the road. Ms. Young ran home and returned with her adult son to confirm that the woman was in fact deceased. Ms. Young and her son contacted 911 and members of the Royal Newfoundland Constabulary were dispatched. 2. Cst. Brian Marshall was first on scene at 8:24 am. Other street patrol officers arrived and helped to guard the scene. Major Crime

Section and Identification

Section were notified and also attended the scene. Identification

Section officers took photographs and seized exhibits from the scene. The officers noted, and the photographs depict, where Ms. Head was located and the positioning of her body. Ms. Head was not wearing a coat but she was clothed. She was wearing a black sleeveless mock turtleneck shirt, black leggings and brown short lace-up hiking style winter boots. Her pants were dirtied with mud. One hand was above her head and the other more to her side. Her legs were bent up close to her body. There was a blue braided bootlace or string across her neck. There was a ligature mark around her neck.

Book of Photographs, Exhibit Consent #1, Tab 1 Autopsy 3. An autopsy was conducted on the body of Ms. Head November 14, 2017 by Chief Medical Examiner Dr. Simon Avis. Dr. Avis determined Ms. Head’s cause of death to be ligature strangulation. At autopsy, Ms. Head’s clothing and various swabs of her body were

seized as exhibits by the Royal Newfoundland Constabulary, including swabs from Ms. Head’s mouth, vagina and rectum. Office of the Chief Medical Examiner, Autopsy Report, Exhibit Consent #2, Tab 2 Missing Person Report 4. On November 11, 2017 at approximately 10:30 am, Cst. Danny Doiron of the Royal Newfoundland Constabulary was setting up barricades for a Remembrance Day parade when he was approached by William Breen, a man Cst. Doiron recognized as being from the same part of St. John’s he was from. Mr. Breen indicated that his son in law, Steven Bragg, was missing and that he was very concerned for his safety.

Mr. Breen inquired whether he had to wait 24 hours before he could report Steven Bragg missing. Cst. Doiron indicated that he did not have to wait 24 hours and he could make a missing person report at Royal Newfoundland Constabulary Headquarters. 5. Mr. Breen made the missing person report at approximately 5:30 pm on November 11, 2017. Over the next several days, officers called Steven Bragg’s cell phone numerous times. The phone was off the entire time. Officers attended at Steven Bragg’s residence at 25A Lindburg Crescent in Mount Pearl, Newfoundland and Labrador.

There was no answer at the door, there were no lights on and there was no car in the driveway. 6. On November 12, 2017, the RNC issued a media release notifying the public they were looking for missing person, Steven Bragg. The release included a recent photo of Steven Bragg. The release was reported on most of the local media outlets. 7. Canadian Tire Gas Bar on Merchant Drive in Mount Pearl, Newfoundland and Labrador reported a theft of gas at approximately 8:00 am on November 13, 2017. Video shows Steven Bragg as the person responsible.

He was operating a blue Pontiac G5 license plate number HNS 648, registered to Raymond Bragg. Police spoke to Raymond Bragg and learned that he is Steven Bragg’s uncle. He indicated that he had sold the car to Steven Bragg on November 9, 2017 and had not yet transferred the registration. 8. On November 14, 2017, the RCMP reported to the RNC that missing person Steven Bragg had been located at the Port Aux Basques ferry terminal. Mr. Max Crewe had reported to the RCMP that he had contact with Steven Bragg and had bought Steven Bragg’s car for $100 at the ferry terminal. Cpl.

Elizabeth Lodge spoke to Steven Bragg and he told her that he was fine and simply heading to the mainland to visit family. Cpl. Lodge had no concerns for Steven Bragg’s mental health and there were no grounds to hold him under the Mental Health Care and Treatment Act. 9. Video obtained from Marine Atlantic confirms that Steven Bragg walked on the ferry in Port Aux Basques at approximately 12:00 pm on November 14, 2017 and walked away from the ferry terminal in North Sydney, Nova Scotia on November 14, 2017 at approximately 6:00 pm. Interviews 10.

On November 15, 2017 Sean Head, Victoria Head’s brother, was being re-interviewed by the RNC when he mentioned that he saw the missing person report for Steven Bragg. Sean Head indicated that Victoria Head knew Steven Bragg and that he had been introduced to Steven Bragg by Victoria Head. 11. At this point Steven Bragg became a person of interest in the investigation into the death of Victoria Head. 12. On November 17, 2017, Cst. Jarrett Morgan received a phone call from Steven Bragg who stated he was in Fredericton waiting to travel to Ontario. Mr.

Bragg confirmed that he knew Victoria Head and stated that the last time he had seen her was three or four weeks previous.

13. On November 25, 2017, Cst. Lisa Anderson and Cst. Jarrett Morgan, travelled to Ontario to speak with Steven Bragg and interviewed him in Collingwood, Ontario. Mr. Bragg acknowledged he knew Victoria Head. He said that he had seen Ms. Head 5 or 6 times but the last time that Mr. Bragg had seen her was five or six weeks prior to the interview when he had dropped off a half dozen beer. 14. On November 16, 2017, Cst. Lisa Anderson obtained a statement from Angelina Rotchford. Ms. Rotchford indicated that on the night of November 10, she had been talking to Victoria Head on the phone and had gone to visit Ms.

Head around 3 am. When she arrived, Ms. Head asked Ms. Rotchford to drive her downtown to get some money. Ms. Head had Angelina drive her to the area of Long’s Hill and park on Long Street. Ms. Head said to wait as she would not be long. Ms. Head got out of the car and said she would be half an hour and that she would come back to the car. Ms. Head had with her a coat, purse and cell phone. Ms. Rotchford waited in the car and fell asleep. When she woke up, about half an hour later, she got out of the car to look up and down the street but could not see Ms. Head. Since she did not have a cell phone, Ms.

Rotchford drove to the Ultramar on Waldegrave Street to use their phone and call Ms. Head. She spoke to Ms. Head who said her friend had just gone to a bank machine to get money and she would not be long. Ms. Rochford returned to Long’s Hill but Ms. Head did not arrive. Ms. Rotchford returned to the Ultramar on Waldegrave and called Victoria Head again but this time got no answer. She drove around the area more until she finally went home. Surveillance Video 15. Police obtained video surveillance from businesses in the downtown area.

Steven Bragg is seen on video at Ultramar, 172 Freshwater Road, getting gas at 4:06 am on November 11, 2017. He comes in to the store on the video, where he can be clearly identified. He was operating a blue Pontiac G5. 16. Police obtained video from residents in the area of Long’s Hill. On video obtained from 11 Long Street, at approximately 3:56 am, Angelina Rotchford’s car is seen arriving and parking on Long Street. On the same video, a person identified as Victoria Head can be seen to get out of the vehicle and walk up Long’s Hill.

On video obtained from 51 Long’s Hill, the same person is seen walking by the house. At about 4:19 am, on video obtained from Theatre Pharmacy on the corner of Long’s Hill and Livingstone Street, a vehicle consistent with Steven Bragg’s vehicle is seen to drive down Long’s Hill, turn right onto Queens Road passing by the Pharmacy, traveling down Queens Road and turning right again onto Allan Square.

At 4:20 am, on video obtained from 20 Livingstone Street, the same vehicle is seen driving up Allan Square, turning right onto Livingstone Street and then left at the intersection of Livingstone Street and Long’s Hill, heading up the hill. Video obtained from 51 Long’s Hill, at 4:19 am, shows Victoria Head walking down the hill and out of view. Then on the same video, which matches in this the video from Theatre Pharmacy, at 4:21 am, a vehicle is seen to pull up. The vehicle stops for 6 to 8 seconds and then proceeds. The vehicle is consistent with the vehicle operated by Steven Bragg.

Victoria Head is not seen on video again after 4:19 am. At 4:27 am, video from 11 Long Street shows Angelina Rotchford get out of her car, approach Long’s Hill and look around. She returns to her car and drives away from the area, traveling up Long’s Hill. 17. Video obtained from Ultramar on Waldegrave Street show Angelina Rotchford using the phone at 4:33 am. Cell Towers 18. Police obtained production orders for Victoria Head and Steven Bragg’s cell phone records. The records recorded calls and text messages sent and received, though not the content of messages.

The records indicated which cell tower the phone was connecting with at the time a call or message was sent or received. A cell phone generally connects with the tower that is emitting the strongest signal, often the closest cell tower. Victoria Head was customer of Roger’s Wireless, which only has three cell towers in the St. John’s area and

so little information was obtained from her phone records. Steven Bragg was a customer of TELUS, which, in the St. John’s area, uses the Bell Mobility tower network. 19. Victoria Head’s cell phone records showed the call from Ultramar on Waldegrave Street made by Angelina Rotchford at 4:33 am. This was the last time anyone spoke to is known to have spoken to Victoria Head before her death. 20. The cell phone records for Steven Bragg in the early morning of November 11, 2017, showed his cell phone travelling the route generally from downtown toward Mount Scio.

In the relevant period, starting around 4 am, the cell phone connected to the St. Clare’s Hospital cell tower site between 4:07 am and 4:16 am. Then it connected to 50 Allandale Road between 4:59 am and 5:17 am. After that, between 5:20 am and 5:34 am, the cell phone connected alternately to both the Health Sciences Centre and the Viking Building at 136 Crosbie Road. At 6:39 am, the cell phone connected to a tower in C.B.S. Long Pond and then traveled west reaching Avondale at 8:16 am, where phone was turned off at 8:19 am. Map of Cell Tower Locations, Exhibit Consent #3, Tab 3 21.

Victoria Head’s cell phone was never recovered. Nor were the coat or purse she had in possession when she left Angelina Rotchford’s company. Steven Bragg’s cell phone also was not located. DNA analysis 22. The ligature that was used to strangle Ms. Head was seized at the scene and on November 17, 2017, was sent the National Forensic Laboratory in Ottawa. The lace was sampled at several points and was found to contain the DNA of two individuals. One of the DNA profiles matched the sample taken from Victoria Head at autopsy. DNA found on the ends of the ligature were found to contain the DNA of an unknown male. 23.

On December 6, 2017, RNC began surveillance of Steven Bragg. On that date, police obtained a cast-off DNA sample from a discarded straw that had been used by Steven Bragg. This cast-off sample was sent to the National Forensic Laboratory in Ottawa. On December 21, 2017, police obtained the results of the analysis of the DNA sample showing that the DNA obtained from the cast off was a match with the male DNA obtained from the ligature. 24. On December 22, 2017, Steven Bragg was arrested at the parking lot of St. John’s City Hall. He was taken into custody. Police took a statement from Mr. Bragg.

After taking the statement, RNC officers executed a DNA warrant. 25. On January 24, 2018, police received the results of analysis of the DNA warrant sample confirming the presence of Mr. Bragg’s DNA on the ligature, on Ms. Head’s leggings and later confirmed the presence of Mr. Bragg’s DNA on the oral swab taken at autopsy. Forensic Science and Identification Services and Laboratory Reports, Report Number 1, 2, 3, 4, 5, Consent Exhibit # 4, Tab 4 Admissions 26. Steven Bragg admits that on November 11, 2017, he assaulted Victoria Head with a bootlace, committing an unlawful act.

27. Steven Bragg admits that the assault caused the death of Victoria Head by asphyxiating her. 28. Steven Bragg admits that in assaulting Victoria Head he intended to cause bodily harm to Victoria Head, that he knew death was likely to ensue and that he was reckless as to whether her death would ensue.