R. v. Bates (D.R.), (2000) 134 O.A.C. 156 (CA)

• Judge: Moldaver, Feldman and MacPherson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: May 04, 2000
• Jurisdiction: Ontario
• Citations: (2000), 134 O.A.C. 156 (CA);2000 CanLII 5759 (NS CA);2000 CanLII 5759 (ON CA);146 CCC (3d) 321;35 CR (5th) 327;[2000] OJ No 2558 (QL);134 OAC 156;47 WCB (2d) 20

R. v. Bates (D.R.) (2000), 134 O.A.C. 156 (CA)

MLB headnote and full text

Temp. Cite: [2000] O.A.C. TBEd. JL.013

Her Majesty the Queen (appellant) v. Dwayne Richard Bates (respondent)

(C32619)

Indexed As: R. v. Bates (D.R.)

Ontario Court of Appeal

Moldaver, Feldman and MacPherson, JJ.A.

July 11, 2000.

Summary:

An accused received a suspended sentence and three years' probation, including a non-association order, for one count each of criminal harassment and uttering a death threat, three counts of assault and six counts of failing to comply with three judicial interim release orders. The Crown appealed. Prior to the appeal hearing, the Crown ob­tained a variation of the non-association order, extending its ambit to cover members of the families of the named people.

The Ontario Court of Appeal allowed the appeal and varied the sentence to 16 months' imprisonment. The court affirmed the three years of probation, including the non-as­sociation order as amended, but added a condition requiring the accused to obtain anger management and other counselling as required by the probation officer.

Criminal Law - Topic 5849.18

Sentencing - Considerations on imposing sentence - Criminal harassment - The breakdown of the accused's extra-marital affair with the complainant resulted in convictions on one count each of criminal harassment and uttering a death threat, three counts of assault and six counts of contravening three judicial interim release orders - The harassment escalated over three months and included an assault, unauthorized entry into the complainant's home, telephone calls, physical approaches, lying in wait, threats, predatory following and harassing the complainant's friends - Culminated in threatening homicide and suicide with a realistic looking weapon - The accused pleaded guilty to some of the offences - Supported wife and two children - The Ontario Court of Appeal emphasized the need for denunciation and deterrence and held that an appropriate sentence was 30 months' imprisonment, reduced to 16 months for pretrial custody - The court affirmed a three year probation order, but added a condition requiring anger manage­ment and counselling.

Criminal Law - Topic 5861

Sentence - Assault (includes common assault) - [See Criminal Law - Topic 5849.18 ].

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 5849.18 ].

Criminal Law - Topic 5969

Sentence - Criminal harassment - [See Criminal Law - Topic 5849.18 ].

Cases Noticed:

R. v. Shropshire (M.T.), [1995] 4 S.C.R. 227; 188 N.R. 284; 65 B.C.A.C. 37; 106 W.A.C. 37, refd to. [para. 28].

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 140 C.C.C.(3d) 449 (S.C.C.), refd to. [para. 28].

R. v. Denkers (F.P.) (1994), 69 O.A.C. 391 (C.A.), refd to. [para. 36].

R. v. Wall (P.J.) (1995), 136 Nfld. & P.E.I.R. 200; 423 A.P.R. 200 (P.E.I.C.A.), refd to. [para. 38].

R. v. Elliott (R.C.), [1999] O.A.C. Uned. 258 (C.A.), refd to. [para. 41].

R. v. Prelosnjak, [2000] O.J. No. 234, refd to. [para. 41].

Authors and Works Noticed:

MacFarlane, B., People Who Stalk (1997), 31:1 U.B.C. Law Review 37, p. 43 [para. 31].

Counsel:

Laurie Lacelle, for the appellant;

Bernard Cugelman, for the respondent.

This appeal was heard on May 4, 2000, by Moldaver, Feldman and MacPherson, JJ.A., of the Ontario Court of Appeal. Moldaver and Feldman, JJ.A., delivered the following judgment for the court on July 11, 2000.