R. v. Beaton

2024 BCSC 1710 R. v. Beaton

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Beaton, 2024 BCSC 1710 Date: 20240227 Docket: 185914-2 Registry: Victoria Rex v. Raymond Bruce Beaton Before: The Honourable Mr. Justice G.R.J. Gaul Oral Reasons for Sentence Counsel for the Crown: P. J. Cheeseman Appearing on his own behalf: R. Beaton Place and Date of Trial/Hearing: Victoria, B.C. February 12-13, 2024 Place and Date of Judgment: Victoria, B.C. February 27, 2024 [1] THE COURT: The indictment before the court, filed 14 September 2023, charged the accused, Raymond Beaton, with three firearms related offences, all alleged to have been committed on or about 11 April 2023, at or near Saanich, British Columbia. Specifically, Mr. Beaton was charged with: ● Count 1: illegally possessing a loaded prohibited or restricted weapon, to wit, an ALFA .22 calibre revolver, contrary to s. 95(1) of the Criminal Code of Canada; ● Count 2: possessing a firearm and ammunition, to wit, an ALFA .22 calibre revolver and a .22 calibre and 9mm calibre ammunition while he was prohibited from doing so, contrary to s. 117.01(1) of the Code; and ● Count 3: possessing a prohibited or restricted firearm, to wit, an ALFA .22 calibre revolver, knowing that he was not the holder of a licence under which he may possess the firearm, contrary to s. 92(1) of the Criminal Code. [2] At one time Mr. Beaton was represented by legal counsel. That

is not the case anymore. He now wishes to proceed as a self-represented accused. Moreover, on the first day of this sentencing hearing, Mr. Beaton made it patently clear, in a very articulate manner, that he acknowledged unlawfully possessing the firearm and ammunition in question, knew he had done so contrary to a court order, and wished to plead guilty to those offences. [3] I say, with respect, that it is clear Mr. Beaton suffers from some form of mental health condition. He acknowledged as much during the course of this hearing. After conducting the plea inquiry required by s. 606(1.1) of the Code, I was satisfied that notwithstanding his mental health condition, Mr. Beaton understood the nature of these proceedings and the criminal charges against him. He also knew that he could ask for the assistance of legal counsel and that he had the right to have the charges against him tried in court, with the Crown having the evidentiary burden of proving beyond a reasonable doubt all of the essential elements of each of those charges. [4] I was satisfied, after hearing from Mr. Beaton, that he understood his choices and most importantly understood the consequences of choosing to plead guilty. In my opinion, Mr. Beaton chose to plead guilty to Counts 1 and 2 on the indictment of his own free will, knowing and understanding that the sentence I was likely to impose on him would be a

period of imprisonment of approximately five years in a federal correctional facility. [5] The Crown asked to have Mr. Beaton arraigned on only Counts 1 and 2, indicating that a guilty plea and conviction on Count 3 would violate the legal principles articulated in Kienapple v. R., [1975] 1 S.C.R. 729. [6] I repeat, that after conducting on 12 February 2024 a plea inquiry pursuant to s. 606 of the Code, I was satisfied that Mr. Beaton understood the essential elements of Counts 1 and 2 on the indictment and that he was pleading guilty to these two counts voluntarily, that is of his own free will and without any pressure or coercion. I was also satisfied that Mr. Beaton understood that his decision to plead guilty to the two charges meant he was accepting and admitting as true all of the facts alleged by the Crown, including the essential elements of the offences. Being so satisfied, I had Mr. Beaton arraigned on Counts 1 and 2 and he entered guilty pleas to each of the charges. [7] Following the registration of those guilty pleas, I heard Crown's submissions on sentencing. Those submissions continued the next day, on 13 February. I also heard from Mr. Beaton. Although at times he rambled on a bit, in my opinion Mr. Beaton is an intelligent man who understands his current circumstances. [8] I should also note at this point that I have read the materials that Mr. Beaton provided

to the court. The materials included some 56 pages of Mr. Beaton's handwritten notes that explain his personal history and circumstances. These materials became Exhibit 4 on sentencing. Circumstances of the Offences [9] On 3 February 2010, Mr. Beaton was convicted of breaking and entering a dwelling house and committing an indictable offence contrary to s. 348(1)(b) of the Criminal Code. He was sentenced to two years imprisonment for that offence. Moreover, pursuant to s. 110(1) of the Code, he was prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance for the remainder of his life. [10] In November of 2021, Mr. Beaton committed another break and enter into a dwelling house. One of the items that he stole from the residence was an ALFA .22 calibre revolver. On 17 August 2022, Mr. Beaton was convicted of that offence as well as two additional offences. The global sentence imposed on him for these offences was approximately 22-and-a-half months in jail. After receiving a 12-and-a-half month credit for the presentence custody that he had already served, Mr. Beaton was sentenced to serve an additional nine months in jail, followed by three months' probation. Additionally, he was again prohibited from possessing any firearm, crossbow, restricted weapon, ammunition and

explosive substance for the rest of his life, pursuant to s. 109 of the Code. [11] Mr. Beaton was released from the Vancouver Island Regional Correctional Centre in or around mid February of 2023, after having served his sentence relating to the October 2022 convictions. He failed to comply with his probation order and consequently a warrant for his arrest was issued. Mr. Beaton has no explanation for why he did not comply with the terms of his probation order. It would appear that he was homeless and living a very itinerant lifestyle in the northern part of Vancouver Island. [12] On 11 April 2023, Mr. Beaton made his way to the Victoria capital region. Again, it is unclear why he did so or what his intentions were. Nevertheless, late that evening, at around 11:35 p.m., Mr. Beaton found himself at the Berwick House Retirement Residence in the 4000 block of Shelbourne Street, in Saanich. He entered the residence, even though he had no business doing so. [13] Mr. Beaton explained during his submissions on sentencing that he thought Berwick House was either a hotel or some sort of facility where he could get a meal. He further explained that he did not enter the residence by force but instead was let in by a staff member. In any event, Mr. Beaton began yelling and making a noticeable scene when he entered the residence, prompting Berwick House staff to contact the Saanich

police. [14] Mr. Beaton left Berwick House of his own volition before the police arrived. He says he believed he was being followed by individuals who he thought were going to harm him. He proceeded to the 3900 block of Cedar Hill Road, not that far from Berwick House, to retrieve the ALFA .22 calibre revolver and ammunition that he had brought with him to Victoria and had concealed in a tree on the boulevard of Cedar Hill Road. He retrieved the handgun and loaded it, but then discarded it on the boulevard when the police arrived and arrested him. [15] During the search incidental to Mr. Beaton's arrest, officers discovered he possessed some 400 cartridges of .22 calibre ammunition, as well as approximately 89 cartridges of 9mm ammunition. [16] Mr. Beaton was transported to the Saanich police station where, during the course of an interview with a police officer, he advised the officer that he would tell them where the handgun was and would take them to the precise location. That turned out to be unnecessary for while Mr. Beaton was at the police station, officers at the arrest scene on Cedar Hill Road located the firearm on the boulevard. This was the same handgun that Mr. Beaton had stolen in November of 2021. The firearm was fully loaded with nine cartridges. Officers also located another 9mm cartridge close to where the gun was found. [17] A forensic analysis of a sample of

human DNA located on the firearm disclosed a match with a known DNA sample for Mr. Beaton, clearly linking him to the firearm. [18] I will note at this point that Exhibit 3 on sentencing is a collection of images depicting where on the boulevard the police located the firearm that Mr. Beaton had discarded. The handgun was in plain view in close proximity to cars that were parked in a Canadian Tire Auto Centre parking lot. I relate this information because it is clear to me that anyone returning to one of those parked cars, including a youngster, could have found the firearm and potentially handled it. It is not difficult to imagine the potential horrific and tragic consequences that could have resulted from such a turn of events. Circumstances of the Offender Personal Background [19] Regrettably, aside from what Mr. Beaton has told me about himself, the contents of Exhibit 4, and the documents the Crown has filed relating to Mr. Beaton's criminal record, I have very little information relating to him. [20] As best I can determine, Mr. Beaton was born in Vancouver in 1966. That would put him around 58 years of age. He says he had a very challenging and unstable home life as a youngster, in that his mother lived the very difficult and risky life of a sex trade worker. At some point in his young life, Mr. Beaton relocated with his mother to the north part of Vancouver Island. [21]

Mr. Beaton's mother married a local logger who, it turned out, was a violent and abusive alcoholic. Mr. Beaton's stepfather physically abused him. Mr. Beaton claims that by the time he 12 years old, he had left his mother's home and was living on his own, as best he could. [22] Mr. Beaton further asserts that by the time he was 13 years old, he was in what he calls "juvey", which I have taken to mean it was around this age that he started associating with criminal elements and committing criminal acts. [23] Mr. Beaton was seriously mistreated by prison guards, or at least one particular prison guard, during one or more of his past custodial sentences. The nature and magnitude of the abuse may very well explain some, if not all, of the mental health issues that Mr. Beaton has had to deal with. Criminal Record [24] Exhibit 1 on sentencing is the "Crown Book of Materials". Included in this exhibit is a record of Mr. Beaton's criminal convictions. Mr. Beaton's adult criminal record is 11 pages long and starts with his first conviction in 1984. It includes approximately 30 convictions for break and enter, and another 10 or so for property related offences. [25] As noted earlier in these reasons, in August of 2022 Mr. Beaton was found guilty and convicted of breaking and entering a dwelling house and theft of a firearm. [26] It is, I say, regrettably an unenviable criminal record. By

my count, there are 90 or so convictions, starting in 1984 and thereafter every year except for the occasional period of two years where there were no convictions. I note that Mr. Beaton has served multiple custodial sentences of two years or more, with his longest being one of four years in a federal prison imposed for two offences of breaking and entering. Victim Impact [27] There is no victim impact statement filed and that is quite understandable in the circumstances of this case. Nevertheless, I accept that when Mr. Beaton was in Berwick House, staff and residents locked themselves into their rooms until he had left. [28] Berwick House is a seniors' residence and I accept that it is quite likely that some if not all of the residents were frightened and upset by Mr. Beaton's unexpected attendance there on the night of 11 April 2023. Parameters of Sentencing [29] The maximum sentence for a conviction on Count 1 is a custodial sentence of not more than 10 years. The same applies for Count 2. There is no minimum sentence for either offence. Crown's Position on Sentencing [30] Relying on the Court of Appeal's decisions in R. v. Holt, 2015 BCCA 302; R. v. Racette, 2016 BCCA 275; R. v. Endean, 2017 BCCA 125; R. v. Hiscock, 2020 BCCA 355; and R. v. Mills, 2021 BCCA 86, the Crown submits that the range of sentence for Count 1 is between 30 months and six-and-a-half years in prison,

with the lower end of the range being generally reserved for first‑time offenders and cases where there are substantial mitigating factors. For offenders who have committed a s. 95 offence in circumstances similar to those of Mr. Beaton's, the Crown submits that the sentence should fall at the higher end of the range. [31] The Crown further submits that the sentence for Count 2 should be consecutive to the one imposed on Count 1, and that in the circumstances of this case the sentence should be an additional one year in jail. [32] Given the fact that the sentences will be consecutive, and considering the totality principle, the Crown submits that Mr. Beaton ought to receive a global sentence of five-and-a-half years in prison for both offences. In order to achieve that result, the Crown submits that the sentence for Count 1 ought to be four-and-a-half years in prison, with the sentence on Count 2 being an additional one year consecutive, for a total of five-and-a-half years. [33] Again, factoring in the period of presentence custody that Mr. Beaton has already served, the Crown submits that the sentence, in total, should be less than five years. Defence Position on Sentencing [34] Mr. Beaton acknowledged that he foolishly and recklessly possessed the firearm and ammunition in question. He also acknowledged that he was prohibited by court order from possessing such items. He

explained that he felt as though unknown individuals were chasing him and consequently he needed the firearm for protection. Even if that were true, it would not provide him with a valid excuse in the circumstances of this case. Most certainly it would not justify him possessing a loaded firearm contrary to court orders, or justify his deliberately discarding the loaded weapon in a public area. [35] Mr. Beaton recognizes and accepts that he will be serving a custodial sentence in a federal penitentiary for the offences he acknowledges committing in this case. He says he is prepared to serve such a sentence in the hope of regaining some control over his life, including his health and his own personal safety. Analysis Purpose and Principles of Sentencing [36] The purpose and principles of sentencing are set out in the Criminal Code of Canada, and in particular s. 718 to 718.2. [37] Section 718 explains the purpose of sentencing as follows: 718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: (a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (b) to deter the offender and other persons from

committing offences; (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or to the community; and (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community. [38] The fundamental principle of sentencing is that a sentence must be proportionate to the gravity of the offence committed and the degree of responsibility of the offender. [39] Section 718.2 of the Code mandates that a sentencing court must take into consideration any relevant aggravating and mitigating circumstances relating to the offence or the offender when determining an appropriate sentence. The court must also consider the principles articulated in that section, including that an offender should not be deprived of liberty if less restrictive sanctions may be appropriate in the circumstances, and that all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders. [40] Everything in this case indicates that while Mr. Beaton may have been suffering from mental health issues on 11 April 2023, he understood the nature and consequences of what he was doing that evening. That is, Mr. Beaton knew full well that he possessed

a firearm, contrary to a court order prohibiting him from doing so. He knew and appreciated the fact that he had ammunition for the firearm, again contrary to a court order. He also knew what he was doing when he chose to load the firearm and then discarded it in a public area. Aggravating and Mitigating Circumstances [41] Section 718.2 of the Code mandates that a sentencing court must take into consideration all relevant aggravating and mitigating circumstances relating to the offence and the offender when determining an appropriate sentence. Aggravating Circumstances [42] There are a number of aggravating circumstances to the offences Mr. Beaton committed. I have already touched upon most of them. [43] To begin with there is the fact that Mr. Beaton possessed a firearm and ammunition when he knew he was prohibited by court order from doing so. Moreover, quite egregiously, he disposed of a loaded handgun in a public place where anyone, including a young child, could have found it. This, in my view, is a seriously aggravating circumstance in this case. [44] Finally, there is Mr. Beaton's unenviable criminal record. By my count, he has close to 95 convictions for criminal offences. Mitigating Circumstances [45] Although it is not early in the history of this matter, Mr. Beaton has nevertheless acknowledged his culpability and taken responsibility for his criminal actions. His

guilty pleas alleviate the need for a trial and the associated cost savings to the justice system goes to his credit. [46] I also take note of Mr. Beaton's very troubling childhood history. The abuse he endured at the hands of his stepfather, as well as the alleged abuse inflicted on him by a correctional officer during custodial sentences, place Mr. Beaton's conduct and offences in a more fulsome context. These factors do not excuse Mr. Beaton's behaviour; however, they do assist in better understanding it and to a certain extent his mental health challenges, and they also give the court a better picture of how it is that Mr. Beaton has found himself in custody before this court charged with serious firearms offences. Decision [47] My task today is to determine and impose a sentence that is appropriate and just in all of the circumstances. [48] Mr. Beaton committed serious offences. Firearms are not toys. They should be handled with care, and they should be stored securely. That did not happen in this case. After leaving Berwick House, Mr. Beaton returned to a location where he had hidden the firearm and ammunition. Not only did he retrieve the firearm, but he loaded it. This indicates he wanted the firearm ready in the event he had to use it. This means he was ready to discharge a firearm in a public place. The consequences of this action could have been horrific for Mr.

Beaton, as well as the members of the public. [49] I have given long and serious consideration to the circumstances of this case, including the nature of the offences that Mr. Beaton committed, as well as his own personal circumstances. I have also considered all of the evidence that has been filed, the submissions that I have heard from the Crown, as well as those that I heard from Mr. Beaton himself, as well as the case authorities that have been brought to my attention. [50] In my view, general and specific deterrence, as well as the protection of the public, are the primary principles of sentencing that govern this case. Having said that, I find that Mr. Beaton's rehabilitation ought not to be discounted or disregarded. Although I have no indication of his prospects for a successful rehabilitation, and I acknowledge the fact that he seems to be struggling with mental health issues, I am prepared to accept that with the proper treatment and counselling both in a custodial facility and following his release to assist in addressing his chronic offending, as well as perhaps to address mental health issues, there is a chance that he can live a productive and law-abiding life. [51] I accept the Crown's submission that a global sentence of five-and-a-half years in prison for both offences is an appropriate sentence in the case at bar. [52] Mr. Beaton, you will please stand. [53]

Mr. Beaton, I heard what you had said during the course of sentencing. I read the materials you provided, including your handwritten notes. [54] I am sentencing you to a custodial sentence of four-and-a-half years on Count Number 1. [55] For Count Number 2, I am sentencing you to an additional one year, to be served consecutively to Count Number 1. [56] You have spent 438 days in presentence custody. That equates to 15 months. That 15 months will be deducted from the sentence imposed on Count Number 1. [57] You can retake your seat. Ancillary Orders Firearms Prohibition [58] There will be the mandatory prohibition pursuant to s. 109 of the Code. Forfeiture Order [59] The Crown seeks an order pursuant to s. 491 of the Code, directing that the ALFA .22 calibre firearm, as well as all of the ammunition that were seized during the course of the investigation and arrest of Mr. Beaton be forfeited to His Majesty in Right of the Province of British Columbia and disposed of as the Code directs. [60] I will grant that order. Victim Surcharge [61] I finally touch upon the issue of the victim surcharge. Mr. Beaton has been convicted of indictable offences. I am obliged to impose a $200 victim surcharge on him, unless I am satisfied that the surcharge would cause undue hardship on him or would be disproportionate to the gravity of the offence and degree of Mr. Beaton's culpability. I am

satisfied that this case falls squarely within the undue hardship exemption under the victim surcharge provisions of the Code, and consequently there will be no surcharge. [62] Before concluding this hearing Mr. Cheeseman, is there anything further? [63] CNSL P. CHEESEMAN: Yes, Justice. Crown directs a stay of proceedings on Count 3. And I do not know if the trial dates are still scheduled. But if so, they should be cancelled. I think it was July 2 and then it will be the July 8. [64] THE COURT: All right. The Count Number 3 on the indictment, the Crown has directed a stay of proceedings, and in light that this matter is concluding -- has concluded, any further hearing dates including trial dates are struck. [65] Mr. Beaton, I heard what you said during sentencing, and I heard what you said this morning with respect to your desire and intention is to get your life back once you are released from prison. I sincerely hope you can do that, sir. You do have some health issues that need to be addressed. I hope you can do so and go to lead a healthy and productive life. [66] Anything further, Mr. Cheeseman? [67] CNSL P. CHEESEMAN: No, Justice. [68] THE COURT: The court appreciates how you handled this case, Mr. Cheeseman. It reflects well on you and on the Crown. You will prepare a forfeiture order, will you? [69] CNSL P. CHEESEMAN: Justice, I passed a draft one up previously. If --

I do not know if I have -- I might have another copy. [70] THE COURT: It has got February 12 on it. [71] CNSL P. CHEESEMAN: Yes. So I -- [72] THE COURT: Once you file it -- file it through the registry and I will sign it. [73] CNSL P. CHEESEMAN: Thank you, Justice. [74] THE COURT: Okay. Clear enough for your notes, Madam Registrar? [75] THE CLERK: Yes, Justice. [76] THE COURT: Okay. I take it there are no other mandatory ancillary orders? [77] CNSL P. CHEESEMAN: No, Justice. [78] THE COURT: Very good. The court will stand down. "G.R.J. Gaul J."