CASE R. v. Bates (2000), Ont. C.A. C32619, on-line: CanLII 1. What did the Crown mean by suggesting In September 1998, during an intense argument, Dwayne Bates slapped that "the decision did Kristen Emmett across the face, knocking her to the floor. He then thre not reflect the princi- her against a cupboard where she struck her head and suffered visible bru ples of denunciation ing to her body. After this incident, Emmett ended the relationship, but Bates and general and spe- repeatedly harassed her, eventually forcing her to request police protection cific deterrence," A number of subsequent incidents occurred, and Bates was charged with 2. Compare the trial eleven offences, including one count of criminal harassment, one count of ut judge's sentence with tering a death threat, three counts of assault, and six counts of failing to com the sentence imposed ply with the terms of various judicial orders. Bates pleaded guilty to all but the by the Ontario Court of death threat, for which he was found guilty. Taking into account the seven Appeal. months that Bates had served in pre-trial custody, the trial j rial judge imposed a 3. What effect do you suspended sentence and three years' probation, with the provision that he think the victim's not associate with Emmett and some of her friends. impact statement had The Crown appealed the sentence, submitting that it did not reflect the in the sentencing de- principles of denunciation and general and specific deterrence, nor did it cision of the Court of consider the seriousness of the crimes. The victim had suffered continuous Appeal? Explain. and unpredictable abuse and had experienced perpetual fear of the offender This was made clear at trial in Emmett's victim impact statement, in which she stated that she lived in such fear of Bates that she had, at one point, taken a drug overdose. She also expressed ongoing fear for her future safety: I'm trying to get on with my life, but I can't help but feel leery about every corner I go around and sets of eyes that stare back a little longer than usual.... I will never let my guard down again, whether or not Dwayne is behind closed doors. It is so easy for people to say, "Get over it" and "Get on," but I will always be cautious. The Ontario Court of Appeal agreed that the trial judge should have im- posed a penitentiary sentence. The Court increased the sentence to sixteen months, which credited the pre-trial custody, followed by the three years' probation with the conditions ordered by the trial judge. In addition, Bates was required to undertake counselling in anger management