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Abstract: Transcript of Reasons for Sentence
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R. v. Sangris, 2014 NWTSC 23 S-1-CR-2011-000167 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - NARCISSE SANGRIS Transcript of Reasons for Sentence delivered by The Honourable Justice K. Shaner, in Yellowknife, in the Northwest Territories, on January 17, 2014. APPEARANCES: Mr. B. Demone: Counsel on behalf of the Crown Mr. P. Falvo: Counsel on behalf of the Accused ------------------------------------- Charges under ss. 271 C.C. and 151 C.C. Ban on Publication of Complainant/Witness pursuant to Section 486.4 of the Criminal Code Official Court Reporters 1 THE COURT: It is my responsibility today, 2 Mr. Sangris, to impose a sentence on you and to 3 tell you why I am imposing that sentence. 4 Mr. Sangris was convicted of touching for a 5 sexual purpose under section 151 of the Criminal 6 Code on November 28th, 2013. I heard submissions 7 on sentencing yesterday, and I heard from Mr. 8 Sangris just now. 9 That this is a serious offence is recognized 10 by the Criminal Code. It carries with it a 11 minimum penalty of one year imprisonment when the 12 Crown proceeds by indictment, and a maximum 13 penalty of ten years. 14 This is perhaps the most difficult thing 15 that a judge has to do. Canadians, people who 16 live here, we value our personal freedom. Jail 17 takes that away. It has a profound effect on 18 offenders and offenders' families and friends. 19 It is something that I have spent a lot of time 20 thinking about in terms of coming up with a 21 sentence that is fair and reasonable for you, Mr. 22 Sangris, in all of the circumstances. 23 The first thing I want to deal with is the 24 credit for time served. That is an issue that 25 came up yesterday. I did have an opportunity to 26 thoroughly review the transcript of the show 27 cause hearing from March of 2013. I do see that Official Court Reporters 1 1 the judge had concerns about Mr. Sangris and his 2 attendance at the drum dance ceremony, however it 3 is not clear to me that the judge found that he 4 contravened the terms of his recognizance when 5 she heard that matter. I do note that there is 6 on Mr. Sangris' criminal record a conviction for 7 breaching a recognizance, however that is not the 8 same as the judge taking it into account and 9 revoking the recognizance on that basis. She 10 specifically left that for another day. So what 11 that means is that I have some doubt about what 12 the conclusions of the judge hearing the matter 13 were. Mr. Sangris is entitled to the benefit of 14 that doubt. As a result, I have concluded that 15 he is not disentitled to enhanced credit for the 16 time he spent on remand awaiting the disposition 17 of his case. 18 From what I have read in the PSR and what I 19 heard through submissions, it is my view that 20 there should be enhanced credit given. Mr. 21 Sangris has used his time on remand exceptionally 22 well: He has become involved with the inmate 23 committee; he's met weekly with the North Slave 24 Correctional Center's traditional liaison elder; 25 and, since July of last year, he has also been 26 attending weekly meetings with North Slave 27 Correctional Centre psychologist, with whom he is Official Court Reporters 2 1 working on an application to attend a 40 day 2 substance abuse program geared to aboriginal 3 individuals once he is released from custody. In 4 my view, this demonstrates a commitment to 5 rehabilitation and it is worthy of recognition 6 through enhanced credit. Accordingly, I am going 7 to grant enhanced credit to Mr. Sangris at the 8 rate of 1.25 days for each day served, so he will 9 be given credit for a total of 375 days. That, 10 in my view, strikes a balance between the fact 11 that Mr. Sangris did breach the terms of his 12 recognizance and also the work that he has done, 13 since breaching his recognizance, to get a 14 jump-start on rehabilitation. 15 I am now going to turn to the principles and 16 objectives of sentencing. 17 The Criminal Code sets out the principles 18 and objectives of sentencing that judges have to 19 follow. I am not going to go through each and 20 every one of these as they are not all relevant 21 to this case. I will, however, explain those 22 principles and objectives that are the focus of a 23 case like this, and it is worth stating as a 24 general context that the emphasis that is placed 25 on each of the principles and objectives very 26 much depends on the offence, the circumstances 27 under which it was committed, and the Official Court Reporters 3 1 circumstances of the offender. It is a highly 2 individualized process. 3 Where an offence involves abuse of a person 4 under 18 years of age, as is the case here, the 5 primary consideration is to be given to the 6 objectives of denunciation, which is an 7 expression of society's abhorrence for a 8 particular conduct, and deterrence, both for the 9 offender and the public at large. 10 The overarching principles that guide judges 11 in giving effect to sentencing objectives are 12 also set out in the Criminal Code. The most 13 important of these is proportionality, which 14 means that a sentence must be proportionate to 15 the gravity of the offence and the degree of 16 responsibility of the offender. That is also 17 called the moral blameworthiness of the offender. 18 Judges also have to consider aggravating and 19 mitigating factors, and sentences will be 20 increased or decreased accordingly. There is no 21 limit on what can constitute an aggravating 22 factor or a mitigating circumstance, but the 23 Criminal Code deems as aggravating, evidence that 24 an offender abused a person under 18 years of 25 age. This is a reflection of the importance that 26 Parliament and our society places on protecting 27 children. Official Court Reporters 4 1 Parity is another sentencing principle that 2 is set out in the Criminal Code. Simply put, 3 parity requires that sentences should generally 4 be similar for like offences and like 5 circumstances. Using a range of sentence types 6 and times is one of the ways that the court 7 ensures parity. 8 Finally, judges have to apply the principle 9 of restraint, and that means that they have to 10 consider all of the available sanctions other 11 than imprisonment that are reasonable in the 12 circumstances, with particular attention to the 13 circumstances of aboriginal offenders. 14 The events that form the basis of the 15 conviction in this case took place in 16 Yellowknife, in the Northwest Territories, on 17 April 15th, 2011. The victim, a 14 year old boy, 18 was at a cyber cafe in Yellowknife around three 19 o'clock in the afternoon that day. He was using 20 Facebook to check messages. He received a 21 message from Mr. Sangris on the Facebook Instant 22 Messenger system. The message included an 23 invitation to the victim to come to Mr. Sangris' 24 apartment and view pornography. The victim had 25 never met Mr. Sangris personally, however this 26 was not the first time the two of them had 27 interacted through electronic communications. Official Court Reporters 5 1 The evidence showed that on March 2nd, 2011, Mr. 2 Sangris and the victim had a Facebook 3 conversation during which Mr. Sangris invited the 4 victim to his apartment. The victim declined 5 that invitation. 6 Following the Facebook conversation on April 7 15th, 2011, however, the victim walked over to 8 Mr. Sangris' apartment building. He rang the 9 buzzer at the main door and Mr. Sangris came down 10 to let him into the building. This was the first 11 time the two of them had ever met in person. 12 They proceeded to Mr. Sangris' apartment. At 13 that point, Mr. Sangris offered the victim 14 alcohol and cigarettes, both of which he 15 declined. Mr. Sangris then played a pornographic 16 DVD for the victim, who was on the couch. He 17 then went over to the victim and kissed him on 18 the lips and told him not to be afraid. Mr. 19 Sangris was naked from the waist down at that 20 point. The victim recounted that he could see 21 his penis. Next, Mr. Sangris unzipped and took 22 down the victim's pants. He rubbed the victim's 23 penis and he inserted his finger into the 24 victim's anus and moved it back and forth. The 25 victim said that this was uncomfortable and that 26 it made it very difficult for him to breathe. He 27 told Mr. Sangris this, and that at that point Mr. Official Court Reporters 6 1 Sangris stopped. 2 The victim said he wanted to leave 3 immediately but Mr. Sangris encouraged him to 4 remain in the apartment. I do note that there 5 was no attempt by Mr. Sangris to physically 6 restrain the victim, however at trial the victim 7 testified that he felt he could not leave the 8 apartment because Mr. Sangris was older and 9 stronger than he was. While I am not able to 10 make any conclusions on what, if any, the size 11 difference would have been between the two at the 12 time, Mr. Sangris was definitely an adult, while 13 the victim was merely 14 years old. The victim 14 did leave the apartment and, as he was leaving, 15 Mr. Sangris told him to keep their encounter a 16 secret. 17 Shortly before the victim left, he asked Mr. 18 Sangris to give him money. At trial, the victim 19 testified that he did so because Mr. Sangris had 20 mentioned giving him money in an earlier Facebook 21 exchange and that he wanted money so that he 22 could go buy something from the store. 23 Later that evening the victim told his 24 mother what happened. 25 I have had the benefit of a great deal of 26 background information through representations 27 that were made by Mr. Sangris' lawyer and through Official Court Reporters 7 1 the presentence report, as well as Mr. Sangris' 2 remarks made here today. 3 Mr. Sangris is currently 43 years old and he 4 is a Dene man. He was born in Yellowknife and he 5 grew up in Dettah. While he was growing up, Mr. 6 Sangris' parents spent a great deal of time on 7 the land, however Mr. Sangris was often left 8 behind with his grandmother while his parents did 9 this. He told the author of the presentence 10 report that this was because he got scared while 11 they were out on the land and he would get sick, 12 and also because he was considered unlucky. He 13 also told the author that he was the only one of 14 his siblings to be left behind like this. 15 However, another sibling interviewed reported 16 that others of the children were left behind as 17 well in the care of relatives. 18 The home in which Mr. Sangris grew up 19 definitely had problems. His parents separated 20 often and for varying amounts of time. It 21 appears that his father struggled with alcohol 22 addiction. When his father went on a drinking 23 binge, his mother would shelter the kids by 24 sending them to their grandmother. It was also 25 stated in the presentence report, and represented 26 by counsel, that Mr. Sangris was the object of 27 verbal and physical abuse by his father. Both of Official Court Reporters 8 1 Mr. Sangris' parents attended residential school, 2 and Mr. Sangris attended residential school as 3 well at Akaitcho Hall in Yellowknife. 4 I think it is fair to say that Mr. Sangris 5 has had more than his share of hardship in his 6 life. According to the presentence report, as 7 well as representations made before me yesterday, 8 he was the subject of bullying, harassment, and 9 abuse while he was growing up, linked to his 10 sexual orientation. He also reported that he was 11 himself the victim of sexual abuse on numerous 12 occasions during his childhood, including when he 13 was just six years old and also when he was a 14 teenager at residential school. 15 Not surprisingly, Mr. Sangris himself has 16 struggled with substance abuse and emotional 17 issues. He was at one point diagnosed with 18 depression. He sought help for these things from 19 time to time, but he has never had much in the 20 way of any formal or structured treatment. And I 21 say that, taking into account the fact that since 22 he has been incarcerated he has taken steps to 23 get more formalized and structured treatment. 24 I note, however, that one of the individuals 25 that he has gone to for help is Cyndi Caisse. 26 Ms. Caisse provided a letter of support on Mr. 27 Sangris' behalf which was tendered during defence Official Court Reporters 9 1 counsel's submissions. The two of them were 2 first working together on a 24 week program in 3 2008 which was aimed at individuals suffering the 4 impact of homelessness, addictions, trauma, and 5 other effects of residential schools. According 6 to what is in the presentence report, Mr. Sangris 7 began to meet regularly with Ms. Caisse for his 8 own benefit in 2009, and this continued 9 regularly, even while he was on remand and 10 awaiting trial. Ms. Caisse left the Northwest 11 Territories in September of 2013, however she and 12 Mr. Sangris continue to have contact by 13 telephone. 14 In addition to the letter from Ms. Caisse 15 which I just mentioned, I had the benefit of 16 reading a number of letters of support from 17 friends and family, all of which depict Mr. 18 Sangris as a helpful caregiver, who was well 19 loved and trusted by his family and friends. 20 Clearly, he continues to have their support and 21 this will bode well for him in the days to come. 22 The Crown is seeking a conditional [sic] 23 sentence in the range of three to four years, as 24 well as a number of ancillary orders. This is in 25 the appropriate range of sentence and it is 26 appropriate to consider this as a starting-point. 27 That is borne out in the cases that the Crown Official Court Reporters 10 1 submitted and I will discuss these later on. 2 Defence counsel seeks a sentence in the 3 range of two to three years, and certainly there 4 are some circumstances in which this court has 5 imposed sentences in that range for crimes of 6 this nature. 7 It is the Crown's position that this was a 8 major sexual assault upon a child and a custodial 9 sentence is necessary to achieve the objectives 10 of sentencing, particularly denunciation and 11 deterrence. And as I noted earlier, those have 12 to be given primary consideration. 13 It was unclear to me yesterday whether 14 defence counsel disputed that this was a major 15 sexual assault. He did point out some 16 distinctions between what happened in this case 17 and the act that formed the basis for the 18 conviction in a finding of major sexual assault 19 in one of the cases filed by the Crown, that 20 being R. v. Lepine. Defence counsel pointed out 21 that the victim in that case was asleep at the 22 time that the assault occurred and the 23 perpetrator had a lengthy criminal record. So in 24 those circumstances, I do need to address whether 25 I am characterizing this as a major sexual 26 assault and if so, why. 27 It is trite to say that there are no two Official Court Reporters 11 1 cases of a major sexual assault or any sexual 2 assault that will be exactly alike. In making 3 this finding, however, a sentencing judge can 4 look at jurisprudence for guidance as to whether 5 an act can be characterized this way. The Court 6 of Appeal in R. v. Arcand, which has been 7 accepted by our Court of Appeal here and which 8 our court considers binding upon it, said the 9 following at paragraph 171 with respect to what 10 is a major sexual assault: 11 12 A sexual assault is a major sexual assault where the sexual assault is 13 of a nature or character such that a reasonable person could foresee that 14 it is likely to cause serious psychological or emotional harm, 15 whether or not physical injury occurs. The harm might come from 16 the force threatened or used or from the sexual aspects of the situation 17 or from any combination of the two. 18 19 The Court of Appeal then went on to list 20 examples of what acts would be included in this 21 category, but this is a non-exhaustive list. 22 In this case I have no difficulty concluding 23 that what Mr. Sangris did falls into the category 24 of a major sexual assault. It was an extremely 25 invasive act that, by any standard, violated the 26 victim's sexual integrity, and any reasonable 27 person would readily conclude that it would cause Official Court Reporters 12 1 serious psychological or emotional harm, as well 2 as physical pain to the victim. That it did, in 3 fact, have a significant emotional impact on the 4 victim is borne out in his victim impact 5 statement where he wrote that he felt fear, 6 powerlessness, anger, and shame, and that this 7 has changed his attitude towards school. 8 I was referred to a number of authorities 9 from this jurisdiction by the Crown with respect 10 to the appropriate range of sentence, including 11 R. v. Lepine, which I just mentioned, R. v. 12 Laliberte, R. v. P.S.T, R. v. Griffin, and R. v. 13 Nitsiza. Not surprisingly, there are 14 similarities and differences between these cases 15 and the one before me here today. They are, 16 however, instructional in that they all provide 17 an illustration of what factors are taken into 18 account in determining what an appropriate 19 sentence is within the range that the courts have 20 established. 21 In Laliberte, the offender had full 22 intercourse with a person under the age of 16. 23 He pled guilty to sexual interference. The 24 sentence imposed was two and a half years. The 25 sentencing judge noted that in cases involving a 26 victim under 18 and an offender in a non-parental 27 role, the starting-point is in the three to four Official Court Reporters 13 1 year range. She acknowledged a sentence of two 2 and a half years was therefore on the more 3 lenient end, but she placed great emphasis on the 4 fact that the offender pled guilty thereby 5 acknowledging his guilt and expressing remorse. 6 That factor, the guilty plea, is absent here. 7 In the P.S.T. case, the offender received a 8 prison term of 36 months for touching his 9 daughter's breasts as she slept. Again, the 10 offender pled guilty, albeit late in the 11 proceedings, and he expressed remorse. The act 12 there was also less serious than the act that was 13 perpetrated on the victim here. 14 The Griffin case involved the sexual abuse 15 of a stepchild over a period of several months. 16 Mr. Griffin was convicted following a jury trial, 17 and he was sentenced to three and a half years. 18 The sentencing judge acknowledged that the 19 starting-point for a crime of this nature 20 perpetuated by a person in a position of trust is 21 four years. However, she noted there was reason 22 to exercise restraint, specifically, the offender 23 was only 27 years of age and he had no criminal 24 record. 25 In this case I have acknowledged that Mr. 26 Sangris has a very limited and dated record; 27 however, he is significantly older than Mr. Official Court Reporters 14 1 Griffin was, being in his 40s. 2 In the Nitsiza case, the offender had full 3 sexual intercourse with a 13 year old girl on 4 several occasions. He received a sentence of two 5 and a half years following a jury trial. Like 6 the offender in Griffin, Mr. Nitsiza was quite 7 young, being only 22 at the time of conviction. 8 The fact that he had a fetal alcohol spectrum 9 disorder was also taken into account. 10 Other than the fact that the act was 11 characterized as a major sexual assault, the 12 Lepine case differs quite significantly on the 13 facts. It involved an adult victim and, as I 14 indicated, the offender there had a lengthy 15 criminal record, neither of which are present in 16 the case before me. 17 There is very little in the way of 18 mitigation in this case. I do acknowledge, 19 though, that today Mr. Sangris stood up and he 20 did apologize for the harm that he caused the 21 victim, as well as the grief that he has caused 22 his family, and he apologized to his community. 23 There are, however, some very, very 24 troubling factors in this case. The victim was 25 14 years old at the time. As I said earlier when 26 I talked about the principles and objectives of 27 sentencing, the Criminal Code deems this to be an Official Court Reporters 15 1 aggravating factor. As an aggravating factor, it 2 is further exacerbated by the age difference 3 between the victim and Mr. Sangris. Mr. Sangris 4 is not a young man relative to the age of the 5 victim. He was approximately 40 years old at the 6 time, a fully mature, adult man, and as such 7 someone who would reasonably be perceived by a 14 8 year old as having power and authority. 9 A very disturbing aspect of this case is the 10 degree of planning and premeditation that seems 11 to have gone into getting the victim, someone Mr. 12 Sangris had never met personally but who he knew 13 to be a teenaged boy, to come to his apartment 14 that afternoon with the goal of engaging him in 15 sexual activity. As I said previously, this was 16 not the first time the two had exchanges on 17 Facebook. The exchange in March of 2011, which 18 proceeded the April incident, included an 19 invitation to come to Mr. Sangris' apartment, 20 which the victim declined. The exchange that 21 immediately preceded the victim coming to Mr. 22 Sangris' apartment on April 15th, 2011, included 23 a promise to give the victim a movie, 24 specifically girl-on-girl pornography, which the 25 victim was to come over and pick up. I agree 26 with the Crown's submissions that Mr. Sangris 27 manipulated the victim by showing him pornography Official Court Reporters 16 1 and offering him cigarettes and alcohol. These 2 things are generally forbidden to anyone other 3 than adults, making them tempting bait for 4 teenagers. Certainly this proved to be the case 5 with the pornography that was offered to the 6 victim. 7 In my view, the fact that Mr. Sangris did, 8 in fact, give the victim money is also 9 aggravating. I recognize it was the victim who 10 asked for the money, but his explanation for 11 making the request was that Mr. Sangris had 12 promised money to him during an earlier Facebook 13 exchange between the two of them. This, too, was 14 bait. 15 Finally, it is aggravating that Mr. Sangris 16 told the victim to keep what happened a secret. 17 In the circumstances, asking the victim to keep 18 that secret was tantamount to suggesting to him 19 that if the secret was revealed, he, the victim, 20 would face some kind of consequence, and that is 21 a highly manipulative thing to do to a 14 year 22 old boy. 23 Mr. Sangris' criminal record was tendered as 24 an exhibit. It is dated and very short, and it 25 contains no convictions for similar crimes. It 26 is not an aggravating factor and it is not 27 something I take into account as an aggravating Official Court Reporters 17 1 factor. 2 Mr. Sangris bears a very high degree of 3 moral blameworthiness in this case. The crime 4 was planned and deliberate, and the actions were 5 predatory. He took advantage of a young boy's 6 trust, curiosity, and naivety. He took advantage 7 of his position as an adult vis-Ã -vis a child, 8 and he used all of this for his own sexual 9 gratification. 10 The circumstances cry out for consequences 11 that will recognize the legal and moral need for 12 denunciation and deterrence and which will also 13 recognize the need to separate those who commit 14 crimes against children from society. 15 I spent a lot of time considering Mr. 16 Sangris' aboriginal status and in particular his 17 experience in residential school, which can only 18 be described as horrific. As I noted, his 19 childhood was very difficult. Frankly, though, I 20 find it difficult to relate this crime to the 21 Gladue factors. Mr. Sangris' actions do not 22 appear to have been driven by the systemic Gladue 23 factors that courts typically see. The nature of 24 this crime and the circumstances surrounding it 25 lead me to the conclusion that his motivation was 26 not driven by factors like poverty or addiction 27 or homelessness, but rather he was driven by Official Court Reporters 18 1 sexual gratification. It was planned and 2 deliberate. The victim was lured. 3 In the circumstances, it is my view that a 4 sentence of a shorter period of incarceration 5 would in fact make a mockery of the Gladue 6 principles and would fail to honour the 7 objectives of denunciation and deterrence. 8 Moreover, they would fail to take into account 9 the impact on the victim, himself an aboriginal 10 person. He has the right to be protected. That 11 is not to say that your background is not 12 troubling, Mr. Sangris. It is just to say that 13 the Gladue factors really do not have a place in 14 this sentence. 15 Mr. Sangris, can you please stand up. 16 Narcisse Sangris, upon being convicted of 17 sexual interference under section 151 of the 18 Criminal Code, and upon considering the 19 circumstances and the nature of the offence as 20 well as your own personal circumstances, I 21 sentence you to a term of three years and six 22 months in prison. 23 The time that you actually will be required 24 to serve will be reduced by the amount of time 25 you spent in custody awaiting the disposition of 26 your case on an enhanced basis, as I said 27 earlier, of roughly 1.25 days for each day Official Court Reporters 19 1 already served, which I will set at 375 days. 2 Do you understand, Mr. Sangris? 3 THE ACCUSED: (Non-verbal response). 4 THE COURT: All right, you can be seated. 5 I am now going to turn to the ancillary 6 orders. The Crown asked for a number of these. 7 First, I will deal with the no contact order 8 under section 743.21. 9 There will be an order under section 743.21 10 of the Criminal Code prohibiting Mr. Sangris from 11 communicating directly or indirectly with the 12 victim or the victim's mother for the duration of 13 the time that he is incarcerated. 14 There will be a firearms prohibition under 15 section 109 and that will be in effect for ten 16 years following Mr. Sangris' release. 17 The circumstances here also justify imposing 18 restrictions as set out in section 161(1)(a) 19 through and including subsection (d) which would 20 prohibit Mr. Sangris from attending at certain 21 public areas where children are likely to be 22 present; prohibiting him from obtaining 23 employment, whether remunerated or not, or 24 becoming a volunteer in a capacity, that involves 25 being in a position of trust or authority towards 26 any persons under the age of 16 years; 27 prohibiting Mr. Sangris from having contact with Official Court Reporters 20 1 any person under 16, unless under supervision 2 approved by the court; and prohibiting Mr. 3 Sangris from using the internet or other digital 4 network except for the purposes of employment, 5 treatment, and education. This will be in effect 6 for ten years. 7 Now with respect to the conditions on use of 8 the internet or other digital network, I 9 recognize that it is impossible for the court to 10 anticipate every situation where Mr. Sangris may 11 be required to use the internet. Employment, 12 treatment and education are the most common. 13 However in the event that Mr. Sangris feels it is 14 necessary to use the internet for other purposes, 15 then he will need to come back to court and have 16 the conditions varied to allow him to do so. 17 That will be in effect for five years following 18 Mr. Sangris' release from custody. 19 There will be an order for bodily fluids to 20 be taken from Mr. Sangris for DNA analysis, and 21 an order requiring him to comply with the Sex 22 Offender Information Registration Act pursuant to 23 section 490.012 of the Criminal Code. That will 24 be in effect for a duration of 20 years. 25 The forfeiture order will go as presented. 26 Unfortunately, I do not read section 490.1 27 of the Criminal Code as permitting the court to Official Court Reporters 21 1 order that the hard drive from Mr. Sangris' 2 computer be separated and provided to him. I 3 would ask you, Mr. Demone, to consider asking the 4 RCMP if they would, or whoever is in the 5 possession of the computer, if they will download 6 Mr. Sangris' personal photographs, assuming that 7 they are appropriate, onto a thumb drive and 8 providing that to Mr. Sangris or his counsel. 9 MR. DEMONE: Thank you. 10 THE COURT: Finally, there will be no 11 victims of crime surcharge given the length of 12 incarceration and as well the fact that the 13 conviction preceded the recent amendments to the 14 Criminal Code with respect to the victims of 15 crime surcharge. 16 Counsel, is there anything else? 17 MR. DEMONE: Just one very minor thing, 18 Your Honour. I believe it was just a matter of 19 misspeaking. You had indicated the Crown sought 20 a conditional sentence of three to four years. 21 THE COURT: No, a custodial sentence. 22 MR. DEMONE: Thank you. Perhaps I 23 misheard. 24 THE COURT: A custodial sentence, yes. 25 MR. DEMONE: Thank you. 26 THE COURT: Is there anything else? 27 THE COURT CLERK: The DNA order is primary? Official Court Reporters 22 1 THE COURT: Yes. 2 THE COURT CLERK: Thank you. 3 THE COURT: Anything from you, Mr. Falvo? 4 MR. FALVO: Nothing further, Your Honour. 5 Thank you. 6 THE COURT: Thank you. 7 Mr. Sangris, you have made a commitment to 8 rehabilitating yourself and dealing with your 9 past traumas. You will have many opportunities 10 in prison presented to you to deal with those 11 things. You have already started. I will 12 encourage you to do what you can to take 13 advantage of those programs and start your 14 healing process. 15 As well, I mentioned earlier that you do 16 continue to have the support of your friends and 17 family and that will bode very well for you when 18 you transition back from life in prison into 19 society. Please keep those contacts alive and 20 strong. 21 Thank you very much, counsel. Court is now 22 concluded. 23 .............................. 24 Certified to be a true and accurate transcript pursuant 25 to Rule 723 and 724 of the Supreme Court Rules of Court. 26 ______________________________ 27 Annette Wright, RPR, CSR(A) Court Reporter Official Court Reporters 23
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