R. v. Oliver

R. v. Oliver Court Supreme Court Date 2018-09-05 Citation 2018 NSSC 230 Docket CRH 478616; CRH 478612 Judge/Registrar/Adjudicator Chipman, James L. (Honourable Justice) Document Type Decision Decision Content SUPREME COURT OF Nova Scotia Citation: R. v. Oliver, 2018 NSSC 230 Date: 2018 09 05 Docket: CRH No. 478616 and 478612 Registry: Halifax Between: Her Majesty the Queen v. Leeanthon Oliver D E C I S I O N Judge: The Honourable Justice James L. Chipman Heard: September 5, 2018, in Halifax, Nova Scotia Counsel: Carla Ball, for the Provincial Crown Brian Church, Q.C., for Mr. Oliver By the Court (Orally): [1] Mr. Oliver stands charged under two separate Indictments, with respect to crimes dating back to early 2017. By Agreed Statement of Facts, the background is as follows: [Redacted] 1. [Redacted] was born on [Redacted]. 2. She was [Redacted] years old at the time of the offences. 3. Leeanthon Oliver was born on July 25, 1984. He was 33 at the time of the offences. 4. Oliver met [Redacted] through “snap chat” on approximately January 20, 2017. 5. Oliver identified himself as being 18 years old. 6. They chatted via social media (Facebook) until February 21, 2017. 7. Throughout the time that they chatted, he sent flattering messages to her. He also told her that he loved her. 8. He asked her to send him a “sexy photo”. 9. She sent him one of herself lying on her bed in her bra and underwear. 10. He sent her a picture of his penis. 11. After a discussion, Oliver advised a driver would pick her up to bring her to Halifax. Drive from New Glasgow to Hammonds Plains 12. On Tuesday, February 21, 2017 she agreed to meet at the McDonald’s restaurant in New Glasgow and that she would look for a black ford [sic] escape. 13. A black male and a white male arrived in a dark colored SUV. 14. The white male looked approximately 50 years old. 15. She got in the vehicle, and they drove to 679 Pockwock Road in Hammonds Plains, NS and arrived at about 3 pm. 16. She did not think they were going for that long of a drive and did not know what was going on and there was very minimal conversation during the drive. 679 Pockwock Road, Hammonds Plains 17. When they arrived at 679 Pockwock, [Redacted] got out of the vehicle and the driver drove away. 18. Oliver and [Redacted] went to the basement of the residence. 19. The basement was unfinished and cluttered with belongings. 20. There was a mattress with two blankets, and a pillow on the floor. 21. Oliver was nice at first, but then his mood changed. 22. Oliver offered her alcohol, but she declined. 23. He touched her under her shirt on her breasts, and under her pants on the buttocks. 24. He slapped her buttocks multiple times saying how beautiful she was and how they were going to make lots of money. 25. Oliver had been on his phone and computer all day and evening. 26. She saw him on the “Backpages” website. 27. At about 1:00am or 2:00 am, on February 22, 2017, a driver showed up in the same vehicle as the previous day. 28. Oliver told her to get in the vehicle; he got in too. Harbourfront Marriott Hotel 29. The driver drove to the Harbourfront Marriott Hotel; Oliver knew that there was a client from the Backpages ad at the hotel and that [Redacted] was going to be driven there. 30. Upon arrival, Oliver told her to go to room 509. 31. She got out of the vehicle and walked to room 509 unaccompanied. 32. There were two men present in room 509. 33. One of the men demanded her to get on the bed and the other man got on top of her and forced himself on her by putting his penis in her vagina. 34. She told him to stop several times and told him it hurt. 35. He stopped when she began to bleed from her vagina. 36. She was then given $440.00. 37. [Redacted] gave Oliver a portion of this money upon her return to the vehicle about 40 minutes after first entering the hotel. Return to Pockwock 38. They drove back to Pockwock Road where [Redacted] and Oliver were dropped off again after a stop at a Bootleggers to get alcohol. 39. She told him that she wanted to go home and asked him to drive her home. He refused to assist her that night. 40. She was afraid. 41. He had been drinking alcohol and eventually passed out. 42. She texted a friend for help. The text said that she was locked in the basement and she was not able to get away. 43. Her friend called the police. 44. She snuck out of the house and began walking down Pockwock Road at approximately 2:00 am. 45. The Police responded to the area and encountered [Redacted] walking without her shoes. 46. She was visibly upset, crying, and shaken and transported to the Tantallon police station where she provided a statement to the police. Arrest of Oliver & further investigation: 47. On February 23, 2017, Oliver was arrested. 48. He was positively identified by [Redacted] in a photo line up. 49. Video surveillance was seized from the hotel showing [Redacted] leaving the back of a black SUV at the material time with a person seated in the front passenger seat. [Redacted] 1. [Redacted] turned [Redacted] years old on [Redacted]. 2. She was approached by the police on March 2, 2017 after having spoken with [Redacted]. 3. On that date, the police went to her home but [Redacted] was quite upset and had trouble speaking. As a result, the police arranged to speak with her on March 6, 2017. 4. She provided a KGB statement to police. 5. In January of 2017, she met a man who identified himself to be “Leeanthon’. 6. He indicated he was 23 years old. 7. She told him that she was [Redacted] years old. 8. They corresponded throughout January. 9. He eventually offered to pay for her to take a bus and meet him in Halifax. Pockwock Road 10. Oliver picked her up at the Bedford Mall from the bus and drove her to a residence at 679 Pockwock Road. 11. Oliver was there with a couple of adult friends. They were all drinking alcohol. 12. During the evening, Oliver said that he would pay her to ‘service’ his friends in the bathroom. 13. She said no. 14. She eventually agreed to perform oral sex on two of his friends — one at a time in the bathroom. 15. [Redacted] was at the residence for several days. 16. Ads were posted on Backpages for [Redacted]; photos of another female were used. 17. [Redacted] was directed to approximately 10 calls over approximately 5 days. 13. [Redacted] was driven to various call locations, including houses and apartments. 19. Depending on the service, she received between 75-150$ per call. She would give Oliver money immediately after each call; Oliver would get mad if she didn’t give him money. 20. She eventually returned to New Glasgow. After February 15, 2017 21. In early February, Oliver corresponded with her on Facebook. 22. Among the messages, he told her that [Redacted] was with him. 23. On February 15, 2017, Oliver sent a man to pick her up in New Glasgow. 24. At some point while she was staying at his place on Pockwock, she was drunk and he was drunk at his house. 25. He had sex with her and then he passed out. 26. The next day she felt so stupid for having drank and had sex with him and was tearful when recounting this fact to the police. 27. She indicated to the police that she had thought he was 23, and was very upset to have learned that a 32 year old man in fact had sex with her. 28. She texted her aunt who said she would pick her up. [Redacted] ran out of his house when she knew that her aunt was driving on Pockwock and started running down the road to meet up with her aunt. [2] Today, counsel advised the Court of their joint recommendation and Mr. Oliver wishes to make a statement before I pass sentence. Mr. Oliver read the following: At a young age I was enthralled by money, women, and a fast life associated with it due to the lack of positive male influences in my life. I spent my whole life just burdened for something, hungry for something, thirsting after something. (We’ll just give you a tissue now and you just take your time, Mr. Oliver, okay? Just take a moment.) Chasing this thing that I couldn’t put my finger ultimately on. By the age of 14, I was selling drugs and sleeping around daily just like my father who abandoned me for crack cocaine addiction at a very young age. Being a man was only trial and error in my neighbourhood. So I looked to hustlers, pimps, crack addicts and prostitutes for guidance because that was always around me given the fact growing up in central Halifax. I managed to get through junior high school at St. Patrick’s-Alexandra where I graduated in June 2000, at the age of 15. Things were looking good for me because I did a 180 degree turn and put my life back together and was excited to start to school that fall at St. Patrick’s High School. That same year, in July five days before my birthday my brother was gunned down in our neighbourhood that we once grew up at. His murder remains unsolved. He had been laid to rest on my 16th birthday. My older brother was only 20 years old. I managed to get through a year and a half of school, then dropped out due to losing by brother and became very depressed and fell back into old habits that I once was accustomed to. The fast life landed me at the Nova Scotia Youth Facility for a few months where I was sexually assaulted many times while being housed there pending the outcome of a trial where I was found not guilty. After being released, I came out worse than I went in. I fell deep into the drug trade where I spent many years living in the dark … giving up and took advantages of many situations where I could benefit from whether it was selling drugs or prostitution and other various criminal activities. Once again, it lead me into very dark places. Sorry Your Honour. (That’s all right. You take your time.) I’m ashamed to say that while I was abused as a child I became an abuser. I became the very thing that I hated. I quietly sought out and fulfilled my eyes, my mind and my heart with shameful things. I learned to please my own body, sought out others to please it for me and ultimately worshiped, lusted, … pleasures out of shadowy and anonymous … . But at the root, I knew it was empty. I knew I was debasing, I knew it was temporary and unfulfilling and demoralizing. I felt the void of actual love. I didn’t think I was worth much to anyone after being abused by a Waterville employer at a young age. My eyes had taken in for years and years. My heart had translated into feelings of insufficiency into dependence on affirmation from consuming the same perspective … things. Since the day of my arrest on these charges, I was put into a holding cell where I laid it all out and began screaming, unleashing all my anger. I felt so unclean, heavy, tired, and out of breath. I had gone from the top to the bottom of society, a jail cell once again. As I thought more about what I had done, I was sick to my stomach and felt unwell, not to mention my experiences and current situation haunted me many nights and played a role in the life choices that I made. In the days leading up to my sentence, I poured out my heart, revealing to myself … . I spent the whole night in tears, crying to God about the wretched man I was and begging for God’s forgiveness and power to live differently. These tears continue to be a part of my prayers today. The gift of life I received was totally … . I began hating what I once loved and loving what I once hated. My thoughts changed. My words changed. My actions changed. I’m sincerely sorry for the victims and their families as well as I hope today brings some sort of closure for them, and at the same time I accept full responsibility for my actions. Last, but not least, I’d like to apologize to whoever else was affected by this situation. With that being said, I can honestly say that this was an isolated incident. It will never happen again. Thank you. (Thank you very much, Mr. Oliver.) [3] I am prepared to render my sentencing decision in this matter and in keeping with the direction of our Court of Appeal and the Supreme Court of Canada as recently expressed in R. v. Anthony-Cook, 2016 SCC 43, I am satisfied that the joint recommendation advanced by senior Crown and defence counsel is appropriate in the circumstances. I say this with reference to all of what is before the Court, inclusive of Exhibit 1, the Agreed Statement of Facts, which has been read into the record by the Crown, as well as Exhibit 2, Mr. Oliver’s criminal record, along with the case authorities, which I have reviewed and I am especially drawn to our Court of Appeal decision, albeit dating to 1994, R. v. Barton, [1994] N.S.J. No. 122 (N.S. C.A.), but also more recently a decision of the Provincial Court, R. v. Gray, 2018 NSPC 10. Judge Buckle provides a fulsome decision canvassing recent Canadian case authorities in like cases of victims and an offender such as we have here. [4] I also refer to the comments of both Crown and defence counsel in their presentations to the Court, and although I do not have the benefit of victim impact statements, I am aware of the toll exacted on the young victims, as I have Ms. Ball’s extensive comments and Exhibit 1, the Agreed Statement of Facts. [5] With respect to Mr. Oliver, although I do not have Pre-Sentence or Cultural Assessment reports, I have Mr. Church’s comments speaking to the “dark path” that Mr. Oliver’s life had involved and also the hopeful note of turning a corner and moving forward. [6] I should also say that I am mindful of Mr. Oliver’s heartfelt, sincere comments documenting what has undoubtedly been a very difficult life, which he characterized as a fast life at times, but a life that has gone to some very dark places. The hope, of course, is that he will be able to turn the page with the benefit of counselling in a federal institution. Mr. Oliver has great potential and is articulate; he has obviously thought long and hard about this and it may auger well in respect of his future. [7] There are significant aggravating circumstances here, which have been reviewed by the Crown, which I need not repeat. There are also mitigating circumstances that have been highlighted by both Mr. Church and the Crown, and I have borne those in mind as well as all of what I just addressed in accepting the joint recommendation of a total sentence of eight years. It will be less time served of 840 days, leaving a period of just under six years remaining. [8] In the specific, in respect of the first of the indictments, with regard to the victim [Redacted], on Count 8, I sentence Mr. Oliver to the five year mandatory minimum pursuant to the s. 279.011(1) offence consecutive and to Count 2 for one year pursuant to the s. 151 offence concurrent. [9] On the second indictment, with respect to [Redacted], on Count 10, I sentence Mr. Oliver to the two year mandatory minimum pursuant to the s. 279.02(2) offence consecutive (and that amounts now to time served). [10] With respect to Count 11 on the second indictment, I sentence Mr. Oliver to the one year mandatory minimum pursuant to the s. 163.1(2) offence consecutive, less 3 months and 20 days leaving 255 days going forward. [11] On Count 3, on the second indictment, I sentence Mr. Oliver to two years pursuant to the s. 271 offence concurrent. [12] I also expressly adopt the ancillary orders sought by the Crown, notably the s. 161 the SOIRA order, the DNA order and, the s. 109 order, for life. The Victim Fine Surcharge will be $15.00 in total, which is 30% of $10.00 per each of the five counts. [13] For the remaining counts in respect of the first Indictment, Counts 1, 2, 4, 5, 6, 7, 8, 9, and 12, the Crown offers no evidence and I hereby grant the Defence motion to dismiss. As for the remaining counts in respect of the second Indictment, Counts 1, 3, 4, 5, 6, 7, 9, 10, and 11, the Crown offers no evidence and I hereby grant the Defence motion to dismiss. [14] Mr. Oliver, I want you to think about what has been said as you go away today and reflect on it and hopefully work, as you say, to become a better person. In conclusion, I wish to thank counsel for your collective efforts in fashioning an appropriate sentence. The joint recommendation saved valuable court time and it saved a tremendous burden to the victims and so I will leave it at that. Chipman, J.