R. v. Uberall Date:, 2011 BCPC 497

Citation: R. v. Uberall Date: 20111202 2011 BCPC 0497 File No: 72443-1 Registry: Abbotsford IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ELISSA ANNE UBERALL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE C.J. ROUNTHWAITE Counsel for the Crown: C. Lawlor Counsel for the Accused: R. Dhanu Place of Hearing: Abbotsford , B.C. Dates of Hearing: November 25, December 2, 2011 Date of Judgment: December 2, 2011

[ 1 ] THE COURT: As I understand it, this is a first offence for Ms. Uberall: unfortunate starvation of three horses. I inquired about other matters in order to determine the appropriate length of the ban. It is always difficult when a person does not appear in court to defend themselves and are not able to provide any explanation or real assistance to the court before sentencing. [ 2 ] These animals were vulnerable. One horse was in a state of severe emaciation, while the other two were emaciated. Ms.

Uberall had been visited by the SPCA approximately a week before, or it might have been over two weeks before? [ 3 ] MS. LAWLOR: It was over two weeks, Your Honour. [ 4 ] THE COURT: She had been notified of the problem more than two weeks earlier, and had not taken any steps to rectify the problem.

I am concerned about the wellbeing of these animals, specifically the three horses, but also there is a larger concern that is being presented in terms of other charges that are also before the court. [ 5 ] I am going to make an order prohibiting Elissa Anne Uberall from owning or having custody or control of any animals, for life. [ 6 ] MS. LAWLOR: And I apologize, Your Honour, I just thought of something as well, and this is wanted by the SPCA, I don't know if the court wants to entertain a restitution order for the payment to the vets, given -- [ 7 ] THE COURT: I actually had thought of that as well.

Yes, thank you. [ 8 ] MS. LAWLOR: Yes, because the SPCA is, of course, run by donations. [ 9 ] THE COURT: Still continuing, however, with this order of prohibition, I have made it for life. However, I am further going to order that she may make an application to this court for a review of the length of the prohibition after three years from today's date, and after notifying the SPCA. Crown, I would think, would automatically be included in such an application. [ 10 ] MS. LAWLOR: Yes, the SPCA would typically then notify us. [ 11 ] THE COURT: I would think the registry would also notify you. [ 12 ] MS.

LAWLOR: Yes. [ 13 ] THE COURT: Now, is there a specific entity of the SPCA that should be included in the order? [DISCUSSION] [ 14 ] THE COURT: I will specify that in the order, after notifying Shawn Eccles or his designate of the SPCA at 1245 East 7 th Avenue, Vancouver, B.C. V5T 1R1. [ 15 ] And in terms of restitution? [DISCUSSION] [ 16 ] THE COURT: I think that would be an order, shall pay restitution to the SPCA -- [ 17 ] THE CLERK: Is this stand alone, Your Honour, or is this part of the order? [ 18 ] MS. LAWLOR: I think it would be part of the order.

I looked at -- [ 19 ] THE COURT: I think this should be part of the order, specifically, 24(3) allows for the prohibition order, and then (4) allows any terms the justice considers appropriate. However, having said that, it is up to Crown whether or not you want a stand-alone compensation. I do not know that that can be done, actually, Madam Clerk, since that provision is under the Criminal Code . [ 20 ] MS. LAWLOR: Correct. I believe it has to be under the sections that we've articulated, yes. [ 21 ] THE COURT: Yes. This is all part of the 24(3) order.

I do not know that I have got the amount for hauling? [ 22 ] MS. LAWLOR: It is 225, Your Honour, and that was entered, I believe, as Exhibit 4. [ 23 ] THE CLERK: Crown drafts this order? [ 24 ] MS. LAWLOR: I can draft this order and make sure it is dealt with. Your Honour, I've added it all together and my total is $2,691.06. [ 25 ] THE COURT: $2,691.06. So she will pay restitution to the SPCA in the amount of $2,691.06.

That is to be paid through the Court Registry for delivery on to the SPCA at the address which was earlier provided, and I will say that amount is to be paid within one year. _____________________ C.J. ROUNTHWAITE

Provincial Court Judge