Courts Martial

COURT MARTIAL

Citation: R v Speirs, 2013 CM 1003

Date: 20130509

Docket: 201261

Standing Court Martial

Colonel Gaétan Côté Armoury

Sherbrooke, Quebec, Canada

Between:

Her Majesty the Queen

- and -

Master Seaman D.J. Speirs (Retired), Offender

Before: Colonel M. Dutil, C.M.J.

OFFICIAL ENGLISH TRANSLATION

REASONS FOR SENTENCE

(Orally)

[1]               Master Seaman Speirs (Retired) has admitted his guilt on four counts, namely, one count of having in his possession property obtained by crime, contrary to section 354 of the Criminal Code; one count of possession of a prohibited device, contrary to section 91 of the Criminal Code; one count of stealing within the meaning of section 114 of the National Defence Act; and finally, one count of wilfully selling public property, contrary to paragraph 116(a) of the National Defence Act.

[2]               Counsel in attendance presented a joint submission, namely, a severe reprimand and a fine of $3,000 payable in 15 equal monthly instalments of $200 a month. This recommendation is within the range of sentences applicable in similar circumstances.

[3]               It appears that this case was brought to light by revelations made by the ex-spouse of Mr. Speirs to Military Police officers when they were in the midst of separating in May 2010. Subsequent searches made it possible to trace certain items that the offender had stolen or was keeping at his home illegally. A Motorola radio marked "Property of DND" and its battery charger were seized. The serial numbers established that this equipment belonged to the medical supplies of Stadacona Hospital but had gone missing. This radio had been programmed with all MARLANT frequencies. A "Classic Sysco" box with six pieces of frozen chicken still inside was also seized. The information on the labels made it possible to determine that the Sysco corporation had delivered this box to the "MOG Five" kitchen on June 12, 2006. A magazine with a capacity of 30 5.56-mm rounds was also seized, and when it was discovered, this magazine in fact contained 30 live 5.56-mm IVI 08 (NATO) rounds. In addition, 61 live 5.56-mm rounds were seized. They were discovered in an ammo can, and 30 of these rounds were still in their original cardboard box, bearing lot number IVI 08J36-85. The investigation established that the ammunition bearing this lot number had been used for a range exercise that was held from 2 to 6 May 2010, at Camp Aldershot. Mr. Speirs was present at that range exercise as a staff member, and he was acting as assistant to the Range Safety Officer. Two boxes of 500 target patches were also seized: a box of black patches, number 6920-21-849-5423, and a box of beige patches, number 6920-21-849-5424. Finally, a few days later, on 1 June 2010, Ms. Speirs informed the Military Police that her husband had already sold a Panasonic digital camera (No. 30504170) to his sister. She also reported to the police that a box of syringes was not at the house when the search was made, but she thought that they belonged to DND and was going to hand them over to the police. The camera in question had been stolen from HMCS CORNERBROOK, where Mr. Speirs had previously worked. He had sold it for $300, paid by cheque dated 25 December 2004. This camera was seized by the Military Police, and the buyer was not compensated for the loss of this camera. Regarding the box of syringes, it was established that it had been bought from a supplier for HMCS MONTRÉAL. Finally, on 7 June 2010, Military Police officers went to 57 Ardwell Avenue, where Ms. Speirs handed over to them two oximeters, including one bearing serial number 420469846 that belonged to the Department of National Defence.

[4]               Clearly, when imposing an appropriate sentence on an accused for the wrongful acts that he or she has committed in relation to the offences of which he or she is guilty, certain objectives must be aimed for in light of the principles applicable to sentencing, which vary slightly from one case to the next. We must bear in mind that the fundamental purpose of sentencing in a court martial is to not only build respect for the law, but also to maintain military discipline by imposing sanctions that are fair yet still the minimum sanctions necessary to attain these fundamental objectives.

[5]               For the reasons given in R. v. Goulet, 2010 CM 1017, counsel's joint submission, which consists of a severe reprimand with a significant fine, helps emphasize deterrence, the denunciation of the conduct, and rehabilitation.

[6]               The offences are serious and illustrate the pernicious nature of such conduct by an individual with regard to property belonging to his employer. Such actions are also especially reprehensible because they are difficult to detect and result from a breach of trust. In the present case, it appears that the illegal conduct extended over several years and no doubt would never have been discovered if not for the direct intervention of the accused's ex-spouse. Certain attenuating circumstances cannot be ignored. Mr. Speirs agreed to admit his guilt and avoid what could have been a very long and complex trial. These admissions are a sincere indication that he accepts responsibility, even though the evidence against him could have been challenged in some respects. He does not have a criminal or disciplinary record. He was released from the Canadian Forces two years ago for medical reasons. He has a job, and his income is stable.

FOR THESE REASONS, THE COURT

[7]               FINDS the offender guilty on the first count, the second count, the third count and the fourth count;

AND

[8]               SENTENCES the offender, Master Seaman Speirs (Retired), to a severe reprimand and to a fine in the amount of $3,000 dollars payable in 15 consecutive equal monthly instalments of $200, starting 1 June 2013.

Counsel:

Major J.S.P. Doucet, Canadian Military Prosecution Service

Counsel for Her Majesty the Queen

Second-Lieutenant M.G.G. Bouthilier-Choquette, Canadian Military Prosecution Service

Co-counsel for Her Majesty the Queen

Major J.L.P.L. Boutin, Defence Counsel Services

Counsel for Master Seaman Speirs (Retired)