Jerome's Case — Assault — Conditional Discharge

Between
Her Majesty the Queen, and
Jerome N.

[1999] O.J. No. 5790

Ontario Court of Justice
Toronto, Ontario
Judge Bonkalo

Sentenced:  8 September 1999
(89 paras.)

BONKALO J. (orally): —

¶ 1     MS CREAL:  Good afternoon, Your Honour.  Mr. Jerome N.

¶ 2     MR. PENNEY:  Mr. Jerome N., can you come forward, please?

¶ 3     MS CREAL:  We had some discussions, Mr. Penney and I, and ...

¶ 4    THE COURT:  Yes.

¶ 5     MS CREAL:  ... Detective C*** earlier today.  Mr. Jerome N. is going to be entering pleas of guilty to both assault charges.  If he could be arraigned on both, please?

¶ 6     MR. PENNEY:  Yes, thank you, Your Honour.

¶ 7     CLERK OF THE COURT:  Jerome Ruben N. you stand charged on or about the 2nd day of March, in the year 1999, in the City of Toronto, in the Toronto Region, did commit an assault on Ms Kimberly Christine B., contrary to the Criminal Code.

¶ 8     You stand further charged on or about the 3rd day of March, in the year 1999, in the City of Toronto, in the Toronto Region, did commit an assault on Ms Kimberly Christine B., contrary to the Criminal Code.

¶ 9     Crown has elected to proceed summarily on both counts.  How do you wish to plead to the charges, guilty or not guilty?

¶ 10     MR. JEROME N.:  Guilty, Your Honour.

¶ 11     CLERK OF THE COURT:  Thank you.

¶ 12     THE COURT:  Why don't you sit beside your lawyer?

¶ 13     MR. PENNEY:  Thank you, Your Honour.

¶ 14     THE COURT:  Yes, Ms Creal?

¶ 15     MS CREAL:  Yes.  On Tuesday, March 2nd, of this year, at about 9:30 in the evening, the accused, Mr. Jerome N., was at his residence at 12 Marshmallow Drive, Apartment 21, in the City of Toronto.  At this time, he got involved in an argument with his common-law wife, Kimberly B.  Due to this argument, the accused became very upset and punched and slapped the victim in the face and other parts of her body. The synopsis reads that at one point he had her by the hair and was choking her.  The accused stopped the assault and let the victim go.

¶ 16     The next day, at about 10:15 p.m., Mr. Jerome N. attended the victim's place of employment at 11 Cream Street West in Toronto.  He was driving the victim home to their residence and he got very angry with the victim's behaviour. At this time, the accused punched the complainant in the face and other parts of her body.  The assault continued for the rest of the ride home.  It stopped when they reached the apartment because the complainant's mother was there.

¶ 17     The next day the victim contacted the Halton Regional Police Force, and as a result, on March 5th, Mr. Jerome N. was arrested and taken to 53 Division, where he was charged.  The complainant had concerns with respect to the safety of she and their young child, and went actually to another part of the province.

¶ 18     The injuries — and I will show photos — but the injuries on the synopsis read a bruise in the front of her left ear, and she complained of sore ribs, had a bruise to her arm, and complained of soreness to her face and lower left side.  Those are the allegations.

¶ 19     THE COURT:  Are those facts substantially correct?

¶ 20     MR. PENNEY:  Your Honour, with respect to the overall events and the arguments, they are, but I'm going to be limiting my admission to the facts as follows, and I've discussed this in advance with Ms Creal.  There are two assaults, one on Tuesday, March the 2nd, and one on Wednesday, March the 3rd.  As I said, my friend is correct in outlining the sequence of events and the intensity of the arguments.  With respect to the assault on Tuesday, March the 2nd, Mr. Jerome N. admits to hitting Kimberly B. in the head — in the forehead — three times.

¶ 21     THE COURT:  Yes?

¶ 22     MR. PENNEY:  And with respect to the assault on Wednesday, March the 3rd, Mr. Jerome N. admits that there was an altercation outside of the car.  As a result of this altercation, he pushed her very forcefully with both hands and grabbed her around the arms.  Your Honour will see a bruise that may have been as a result of that.  As a result of that assault, Ms Kimberly B. did fall to the ground.

¶ 23     And my friend is going to be showing Your Honour pictures. The bruises which you see resulted either from the grabbing of Kimberly B. on March the 3rd or from the fall. So those are the specific facts that we can admit with respect to the assaults on March 2nd and on March the 3rd.

¶ 24     THE COURT:  And I understand that the Crown is not objecting?

¶ 25     MS CREAL:  No, I'm not at this point.

¶ 26     THE COURT:  All right.

¶ 27     MS CREAL:  All right, and I'm going to show — these are photocopies.  Detective C.— at one point the discussions went somewhat awry and he left not thinking there'd be a guilty plea today.

¶ 28     THE COURT:  All right.

¶ 29     MS CREAL:  And he took the pictures with him. So I'm going to provide Your Honour with the photocopy, and ...

¶ 30     THE COURT:  Yes.

¶ 31     MS CREAL:  ... I apologize for the ...

¶ 32     THE COURT:  It's all right.

¶ 33     MS CREAL:  ... condition, but ...

¶ 34     THE COURT:  Thank you.

¶ 35     MS CREAL:  I think that shows two bruises to the left arm.

¶ 36     THE COURT:  Yes.

¶ 37     MS CREAL:  The photos show bruising to the legs, but I understand there's another explanation the accused would proffer for that.  And I can also indicate that this complainant now resides in North Bay and communication with her is a little difficult.

¶ 38     THE COURT:  Difficult?  All right.  Then this photocopy, two photographs, is Exhibit One in the sentencing.

EXHIBIT NO. ONE:  Photocopies of two photographs — produced and marked.

¶ 39     MR. PENNEY:  Yes.  Perhaps we could mark the report, if my friend has no objection, as Exhibit Two?

¶ 40     MS CREAL:  If my friend's going to proffer the report, yes.

¶ 41     MR. PENNEY:  Yes.  The report has been provided to Her Honour.

¶ 42     MS CREAL:  Oh, that's fine.

¶ 43     THE COURT:  I have it.

¶ 44     MR. PENNEY:  I just figured while we're marking exhibits, we'll do it all at once.

¶ 45     THE COURT:  Right.  Report from the ...

¶ 46     MR. PENNEY:  Doctor.

¶ 47     THE COURT:  ... Lorne Crane ...?

¶ 48     MR. PENNEY:  Yes, Dr. Crane ...

¶ 49     THE COURT:  All right.

¶ 50     MR. PENNEY:  ... dated July 20th, 1999.

¶ 51     THE COURT:  I'm going to have it done and then I'll take it back, but I would like it marked Exhibit Two in the sentencing.

EXHIBIT NO. TWO:  Report from Dr. Crane — produced and marked.

¶ 52     THE COURT:  Then there's the letter from Sigma T***, Exhibit Three.

¶ 53     MR. PENNEY:  Yes.  Exhibit Three, Ms Crown?

¶ 54     MS CREAL:  Yes, that's fine.

¶ 55     MR. PENNEY:  Okay, thank you.

EXHIBIT NO. THREE: Letter — produced and marked.

¶ 56     THE COURT:    Thank you.  All right, it's done. Are those, then, at this point, the submissions — I meant the comments by the Crown, and then we'll hear from Mr. Penney and then you'll comment?

¶ 57     MS CREAL:  Yes.

¶ 58     THE COURT:  Okay.  Mr. Penney?

¶ 59     MR. PENNEY:  Yes, thank you, Your Honour.  With respect to where we're going in sentencing ...

¶ 60     THE COURT:  Yes.

¶ 61      MR. PENNEY:  ... I understand my friend is going to be asking for a conditional sentence, and I'm going to be asking for a conditional discharge.  We're agreed in many respects upon the final disposition.

¶ 62     MS CREAL:  That's not quite accurate.

¶ 63     MR. PENNEY:  Oh, I'm sorry.

¶ 64     MS CREAL:  I'm going to be asking for a suspended sentence, not a conditional sentence.

[REPORTER'S NOTE:  Submissions were made at this time.]

¶ 65     RULING ON SENTENCE — THE COURT:  I take into account you pleaded guilty.  You expressed your remorse to the Court, and you didn't require Ms B. — you should stay standing — Ms B. to come and testify to a very unpleasant and emotional experience.  That's to your benefit.  You're employed.  You have an employer who obviously supports you. As well, you've been to a physician who has thoroughly reviewed your psychiatric status and essentially assures the Court and the public that you're not an individual who regularly will be a problem in terms of aggressive behaviour. It appears that your aggression relates specifically to the kind of situation you were in with Ms B., something that's highly emotional and with somebody you're very much involved with.

¶ 66     I've also had an opportunity to look at the injuries on Ms B., and it's fortunate they aren't more serious.  And at this point, from what I can see, they are not serious.  It's rather the emotional impact of something like this that tends to be more serious to the individual rather than the physical in situations such as this.

¶ 67     I have to decide whether it's appropriate to give you a discharge, that is, that you could — you're able to say you haven't been convicted of a criminal offence, or convict you and give you a suspended sentence.  The actual results to you are significant.  To the community, it would be a concern of the Crown's, I feel, that I am indicating that there is no need for a conviction in this particular case, and it being a domestic assault.  But you actually would have the same sets of conditions regardless of whether it's a conditional discharge or a suspended sentence.  Clearly, for you, it would be better to have a discharge.

¶ 68     Had you not been to the psychiatrist already, seen the problem and taken the steps, I definitely think a conviction should be registered.  But you've already done the very work that should be done when a person realizes that he or she has a problem like this.  And I'm prepared to grant you the benefit of the discharge.  But you must understand that it's very rare to get a second, in any context, so it's not just with respect to assault.  This particular discharge would be brought before another judge for any criminal finding of guilt, and the judge would take it into account when sentencing you a second time.  On each count of assault, then, as they were very close together, there will be a conditional discharge.

¶ 69     You'll be placed on probation for a period of 24 months on the following conditions:  You are to report forthwith in person to a probation officer and be under the supervision of a probation officer or person authorized by the probation officer to assist in your supervision.  And you will report as required.  You are to participate in an anger management program under the supervision of your probation officer, and you are to take any other counselling your probation officer deems appropriate.  You are to attend all sessions as required and you are to sign any releases to allow your probation officer to check on your progress and attendance at any program you're involved in.  You are not to possess any weapons, as defined by the Criminal Code.  And you're not to apply for a Firearms Acquisition Certificate. As well, you are to have no contact, directly or indirectly, with Kimberly B., except for purposes of access, visitation and support with respect to — and the name of your son?

¶ 70     MR. JEROME N.:  William Jeremy N.

¶ 71     THE COURT:  William, W-I-L-L-I-A-M?

¶ 72     MR. JEROME N.:  Yes.

¶ 73     THE COURT:  Jeremy?

¶ 74     MR. JEROME N.:  Jeremy.

¶ 75     THE COURT:  And the last name?

¶ 76     MR. JEROME N.:  N.

¶ 77     THE COURT:  N.?

¶ 78     MR. JEROME N.:  N as in ...

¶ 79     THE COURT:  Yes, your name, N-*-*-*-*?

¶ 80     MR. JEROME N.:  And that will be dash B., N. dash B.

¶ 81     THE COURT:  Oh, it's both, dash — okay, dash B.?  So it's a hyphenated name?

¶ 82     MR. JEROME N.:  Yes.

¶ 83     THE COURT:  Except for access, visitation, and support with respect to the named son is to be only as specified by a family Court order or except through counsel. So there are two exceptions.  And you're to keep the peace and be of good behaviour.  Do you understand the terms of your probation?

¶ 84     MR. JEROME N:  Yes, Your Honour, I do understand.

¶ 85     THE COURT:  You realize that if you disobey any of these terms, you could be brought back and be charged with breach of probation.  A conviction for breach of probation often entails a jail term because it is a Court order.  You're aware of that, sir?

¶ 86     MR. JEROME N:  Yes, Your Honour.

¶ 87     THE COURT:  All right, you'll have to wait outside to sign the order. And I thank Ms Creal for looking after it.

¶ 88     MS CREAL:  Thank you.

¶ 89     MR. PENNEY:  Thank you, Your Honour.  I thank you, Ms Creal, as well, Your Honour, for her reasonable approach to this matter.

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