Crown wants 6 years in jail for Hamilton cop in gun-planting case
Sentencing hearing begins for Det.-Const. Robert Hansen, found guilty of perjury and obstructing justice
Crown prosecutors are seeking a six-year sentence for Hamilton police Det.-Const. Robert Hansen, found guilty in January of three charges related to a 2012 incident where a gun was planted in a suspect's home.
In their submissions Tuesday, assistant Crown attorneys Molly Flanagan and Peter Scrutton encouraged Superior Court Justice Catrina Braid to treat the offences as serious affronts to the justice system. They said a strong sentence was required as a "denunciation and deterrent" against law enforcement officers acting this way.
What matters is his state of mind when he is sending those texts.- Assistant Crown Attorney Peter Scrutton
The Crown attorneys said they had not been able to find any other cases in Canada where a police officer had attempted to "frame a suspect."
Bernard Cummins, representing Hansen as defence attorney, argued the Crown had not demonstrated evidence of Hansen's motive to "frame" the person, and that Hansen had no prior history of discipline.
He said the sentence should be no more than 16 months, and that the judge should take into account the fact that Hansen would be unlikely to work again as a police officer. The Crown's suggested sentence was on the high end of the range for officer misconduct cases, he argued.
Federal cases dropped
"I urge you not to impose a sentence that is near the top in Canadian judicial history," Cummins said.
But the plot with the gun was "extremely dangerous and reckless," Flanagan argued for the Crown. The justice system "depends on police acting honestly in their investigations and sworn testimony," she said.
To that end, the Crown listed 10 federal cases where proceedings had been stayed that Hansen was involved in as an investigator.
Hansen was a 12-year veteran of the police force when he was suspended with pay in June 2012. He was found guilty of perjury and two counts of obstruction of justice.
Hansen was involved with a confidential informant in May of 2012 and encouraged the informant – referred to as "Source C" in the court proceedings – to plant a gun in the house of a suspected drug dealer.
Defence: Hansen's not a 'dirty cop'
Cummins argued it was a one-off.
"There's no evidence to suggest... that he's a 'dirty cop,' if I can put it colloquially that way," Cummins said.
He said Hansen had proven himself as a "highly productive, efficient and honest investigator."
Cummins impugned the credibility of the source whose text messages with Hansen had been produced in court and asked the judge to consider "whether the plot had any meaningful and realistic possibility of success."
But in a rebuttal, the Crown suggested that didn't matter.
"What matters is his state of mind when he is sending those texts," Scrutton said. In other words, did Hansen believe the source was actually going to plant the gun?
Scrutton argued he did.
Personal toll
Hansen sat next to Cummins during the hearing, wearing a grey suit.
In his closing, Cummins turned to the impact this would have on Hansen's family. Hansen has been married for 12 years and has two kids aged 10 and 8. Cummins read letters from friends, family members and former colleagues, extolling Hansen's loyalty and integrity, and a special role he plays as a parent.
Cummins said a sentence of any jail time would leave Hansen's family in the lurch.
"What follows, of course, is that his home will be lost and his children and his wife will have to effectively fend for themselves," Cummins said.
Scrutton, for the Crown, agreed Hansen's family would suffer if he went to jail and lost his job.
"But this is because he committed a very serious offence, and breach of trust," Scrutton said.
"And he has only himself to blame for that."
The sentence is expected to be delivered Thursday afternoon.