R. v. Tibu (S.G.), [2015] A.R. TBEd. JL.020

• Judge: Yake, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: June 17, 2015
• Citations: [2015] A.R. TBEd. JL.020;2015 ABPC 135

R. v. Tibu (S.G.), [2015] A.R. TBEd. JL.020

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. JL.020

Her Majesty the Queen (Crown) v. Simona Gabriela Tibu (accused)

(130948805P1; 2015 ABPC 135)

Indexed As: R. v. Tibu (S.G.)

Alberta Provincial Court

Yake, P.C.J.

June 17, 2015.

Summary:

A police officer (Behiels) stopped the 42 year old accused for speeding. He arrested her after she responded irrationally to his requests to produce her driver's licence, car registration and car insurance documents. She persistently physically resisted the arrest and had to be physically restrained by Behiels outside of her car for over eight minutes. During that period, she attempted many times to escape, and in doing so she moved toward fairly heavy traffic. She assaulted Behiels by attempting to bite him, leaving her saliva on his hand, and by grabbing at his groin. She reported a history of psychological and emotional difficulties, starting as early as 2010. She was charged with four offences under the Traffic Safety Act and one count each of assaulting a peace officer while he was acting in the execution of his duty (Criminal Code, s. 270(1)), and one count of resisting arrest (Code, s. 129(a)). The Crown elected to proceed summarily on the Criminal Code offences.

The Alberta Provincial Court, in a decision reported at [2015] A.R. Uned. 288, found the accused guilty on all offences. The accused was sentenced to pay fines on each of the Traffic Safety Act offences and sentencing on the Criminal Code charges were adjourned. The accused applied for a conditional discharge.

The Alberta Provincial Court dismissed the application. A conditional discharge was in the best interests of the accused. However, the matter should be a matter of public record and therefore it was in the public interest that the accused possess a criminal record. A jail sentence was not required. The court declined to impose fines because of the accused's inability to pay them. The court suspended the passing of sentence on each charge and placed the accused on probation for 12 months, to run concurrently on each charge.

Criminal Law - Topic 4431

Procedure - Verdicts, discharges and dismissals - Conditional discharge in lieu of conviction - See paragraphs 32 to 61.

Criminal Law - Topic 5629

Punishments (sentence) - Fines, penalties and compensation orders - Considerations on imposing fine - Ability to pay - See paragraph 65.

Criminal Law - Topic 5704

Punishments (sentence) - Suspended sentence - Circumstances when appropriate - See paragraphs 1 to 70.

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a peace officer - See paragraphs 1 to 70.

Criminal Law - Topic 5894

Sentence - Assaulting a police officer or peace officer (incl. with intent to resist arrest or detention) - See paragraphs 1 to 70.

Counsel:

D. Taylor, for Alberta Justice and Solicitor General;

E. Maynes, for the defendant.

This application and sentencing were heard and decided orally on June 17, 2015, by Yake, P.C.J., of the Alberta Provincial Court, who delivered the following written reasons for sentence, at Camrose, Alberta, on June 18, 2015.