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2017 BCSC 877 R. v. David
IN THE SUPREME COURT OF BRITISH COLUMBIA
Citation:
R. v. David,
2017 BCSC 877
Date: 20170418
Docket: X079490
Registry: New Westminster
Regina
v.
Gordon Alexander David
Before: The Honourable Mr. Justice Josephson
Oral Reasons for Sentence
Counsel for the Crown:
D.K. Simpkin
M.A. Fortino
Counsel for the Accused:
J.T. Campbell, Q.C.
G. Arnet-Zargarian, A/S
Place and Date of Hearing:
New Westminster, B.C.
April 18, 2017
Place and Date of Judgment:
New Westminster, B.C.
April 18, 2017
[1]
THE COURT: Mr. David is before me for sentencing for the manslaughter of his spouse,
Ms. Quaw. In an alcohol-fuelled altercation, Mr. David beat his spouse to death in the home where
they lived with Mr. David's mother. The motive, I am told, she wanted to visit her mother on Mother's
Day. I have heard and read many moving victim impact statements, particularly that of the mother
of Ms. Quaw. One life was taken on that day, but many lives were devastated and remain so to this
day. This is a tragic case at all levels. However, what is done cannot be undone. All that is left for
this court is to fix a sentence of imprisonment appropriate to the circumstances of this case and to
the circumstances of Mr. David.
[2]
The Crown submits that a sentence of eight years is appropriate. The defence submits that a
sentence of imprisonment for a period from five-and-a-half to six years is appropriate.
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[3]
2017 BCSC 877 R. v. David
Mr. David and Ms. Quaw are both from the Saik'uz First Nation community. They had been
living together for some five years. They have one child together, now aged three. There is an
agreed statement of facts filed which I need not repeat. I have the benefit of several reports, a
presentence report, a report from a forensic psychiatrist, and a Gladue report.
[4]
The psychiatric report is somewhat disturbing and places Mr. David at a high risk of
reoffending violently and at a high risk for intimate partner violence. Para. 55 of that report reads
as follows:
In my medical opinion Mr. David exhibits a significant number of psychopathic traits
including the following: need for stimulation/proneness to boredom; pathological lying;
conning/manipulative; lack of remorse [or] guilt; shallow affect; parasitic lifestyle; poor
behavioural controls; promiscuous sexual behaviour; early behavioural problems; failure to
accept responsibility; many short-term relationships; juvenile delinquency; revocation of
conditional release; and criminal versatility.
[5]
I accept Mr. Campbell's submissions, however, that the issue of remorse and feelings of guilt
and willingness to accept responsibility can be revisited, and I accept Mr. David's statement both
written and verbally that there is genuine remorse and guilt and an acceptance that, without
successful treatment, he is doomed. The presentence report has Mr. David acknowledging that he
had been violent in many of his past relationships. He expresses remorse, but in the opinion of that
officer lacked insight into the impact of the victim's death on her family including her two children.
[6]
The Gladue report identifies the role played by colonization and residential schools on the
First Nations People and provides a guide for resources in the federal institution designed to
assist Aboriginal offenders. Mr. Campbell tells me that Provincial Court Judge Buller described Mr.
David in court proceedings in that court as a living example of the intergenerational effects of
colonization and residential schools. I respectfully adopt that characterization.
[7]
Keeping in mind the objectives of sentencing as set out in s. 718, the aggravating factors
were accurately outlined by the Crown. Firstly, immense harm has been caused to the family and
friends of the victim; secondly, the victim was a six-year spouse of Mr. David and they had a child
together; thirdly, Mr. David was on a recognizance following being charged with the assault of the
same victim and was in violation of the terms of that recognizance at the time of the incident; four,
Mr. David's mother attempted to intervene on behalf of the victim and was rewarded with being
assaulted and rendered unconscious for her efforts; five, Mr. David fled the scene of the crime, but I
do acknowledge and accept that he did call 9-1-1 and hand the phone to his mother; six, Mr. David
has an extensive criminal record for many serious offences covering a wide range of offending
behaviour including assaults on the victim in this very case; seven, Mr. David is at a high risk to
reoffend violently and a high risk of violence to intimate partners.
[8]
The mitigating circumstances have been set out by Mr. Campbell. Firstly, he pled guilty to the
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2017 BCSC 877 R. v. David
offence; secondly, he has expressed remorse which I accept as genuine; thirdly, his expression of
determination to get on the path of rehabilitation; and finally his Aboriginal background. We all wish
him well in that regard on his road to recovery, but recognize that rehabilitation is a long and
difficult road even for an undamaged person. For a person such as Mr. David, who could be a
poster child for the effects caused by colonization and residential schools, the road to recovery
seems nearly impossible. I can only hope he proves me wrong. Who of us growing up in his shoes
would have turned out that much differently and that is a tragedy, a tragedy which cannot be undone
and the time eventually comes when the public must be protected from criminal behaviour.
[9]
The Crown's position on sentence was fair, balanced, and reasonable. In my respectful view,
it already took into consideration the Gladue factors in crafting a proposed sentence and
recommending one at the end -- at the low end of the appropriate range. However, I have
concluded that a slight additional amount should be deducted from that range in this case because
of the submissions of Mr. Campbell with respect to the Gladue factors.
[10]
You will stand, Mr. David, please.
[11]
I sentence you to imprisonment for a period of seven years. With respect to your time served
of two years, seven months, the net result is a sentence of four years and three months.
[12]
Have I overlooked anything?
[13] MR. SIMPKIN: My Lord, I had made submissions with respect to an order under s. 743.2 of
the Criminal Code. That is an order that -- it says:
A court that sentences or commits a person to penitentiary shall forward to the
Correctional Service of Canada its reasons and recommendation relating to the sentence
or committal, any relevant reports that were submitted to the court . . .
And the Crown is suggesting that Dr. Saini's report, the Gladue report, and the presentence report
should be transmitted to the Correctional Service of Canada.
[14]
THE COURT: It sounds like that is automatic. Does it require an order from me?
[15]
MR. SIMPKIN: "Shall," yes, so you --
[16]
THE COURT: I shall order --
[17]
MR. SIMPKIN: You shall -- it says, "You shall forward" --
[18]
THE COURT: -- or it shall be --
[19]
MR. SIMPKIN: -- so I think --
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[20]
THE COURT: I shall forward, okay.
[21]
MR. SIMPKIN: Yes.
[22]
THE COURT: Well, the court -- yes --
[23]
MR. SIMPKIN: Yes.
[24]
THE COURT: Mr. Registrar will ensure that section is complied with.
[25]
MR. SIMPKIN: Okay, thank you, My Lord, and also Mr. Fortino has done the math for me,
and is Mr. Campbell in agreement?
[26]
MR. FORTINO: Yes, I believe so.
[27]
MR. SIMPKIN: I think that the amount of time left to serve by Mr. David is four year, five
months.
[28] THE COURT: You are correct. My math skills have evaded me today and it will be four years
and five months. With my thanks -[29] MR. SIMPKIN: Yes, My Lord, with respect to Count 2, the Crown directs a stay of
proceedings.
[30]
THE COURT: Thank you. With my thanks to counsel, I will adjourn.
“Josephson J.”
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