R. v. Biwer, 2013 BCPC 442

Citation: R. v. Biwer 2013 BCPC 442 Date: 20131030 File No: 197789-2-C Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Criminal Court REGINA v. EDWARD JAMES BIWER ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. OULTON Counsel for the Crown: D. Wilson Counsel for the Defendant: R. Dhanu Place of Hearing: Surrey , B.C. Date of Hearing: October 30, 2013 Date of Sentence: October 30, 2013 [ 1 ] Mr. Biwer has entered guilty pleas on ten counts of Information 197789-2-C. What he has pled guilty to is a series of robberies

that took place at various locations, Subway stores, Pizza Huts and Edible Arrangement between February 2 nd and February 8, 2013. It could be characterized as a spree. At the time, Mr. Biwer was suffering from addiction, and motivation for these robberies was to get money to buy drugs. [ 2 ] The method of committing these robberies was similar, in that Mr. Biwer had bear spray with him. He never injured or directly sprayed anyone with the bear spray; on some occasions, he deployed it when he was leaving the location of the place that he had just robbed.

The money he got from this string of nine robberies, essentially, one of these guilty plea counts is the deployment of the bear spray, range from approximately $15 to $300. The Crown pointed out that there were going to be some difficulties of proof, some triable issues had this gone to trial. It was essentially going to be a circumstantial case with evidence being more or less strong, depending on the count. [ 3 ] Mr. Biwer has entered a guilty plea, and I have had the benefit of a Pre-Sentence Report.

He is 23 years of age, and has expressed remorse in the Pre-Sentence Report, and has said he was sorry before me just minutes ago. He is aware, has some insight into how this must have upset the people that he robbed in those series of days in February 2013. He has also been addressing his substance abuse, to the extent he can, while he has been in custody since February 12, 2013. [ 4 ] He is only 23 years of age.

He is hoping to be able to address both the substance abuse and learn some life skills, so that when he is released from custody, it can be to a better life and a different lifestyle than the one he has been leading up to this point. [ 5 ] Victim Impact Statements were filed. The individuals that were the victims in these robberies were understandably quite upset and it is traumatic, and that was the employment of these people so they had to be there.

It is important to protect members of the community who are just doing their jobs and wind up in circumstances where they are the victims of robberies. [ 6 ] Essentially, what I have before me is a joint submission that addresses both the fact that Mr. Biwer is young, and the fact that he has taken responsibility and wants to address his underlying issues. I agree with the submission I have heard, that the sentencing principles that I need to take into account are specific and general deterrence, denunciation, but also rehabilitation. Mr.

Biwer has, as I have said, taken steps and plans to take more steps to address the issues that led to these criminal offences in the first place. [ 7 ] So, taking into account his guilty plea; his youth; his difficult history, which was in the pre-sentence report; the fact that he was motivated by his addiction; his Métis background; the fact that these were essentially a spree; that bear spray was used, but no one was injured; and those factors weighed against the aggravating factors of the nature of these types of offences in the community generally, I do agree that the joint submission that counsel have placed before me is appropriate, Mr.

Biwer, and so the sentence that I am going to impose on you is what they have suggested is appropriate, which will be a sentence of two years less a day, taking into account the 264 days you have spent in custody, so your total sentence will be the two years less a day, plus 264 in custody. [ 8 ] That will be followed by two years of probation.

The conditions of probation will be: you will – they are statutory conditions of probation, so they are – you are to keep the peace and be of good behaviour; appear before the court when required to do so by the court; notify the court or probation officer in advance of any change of name or address; and promptly notify the court or probation officer of any change in employment or occupation. [ 9 ] You are to report immediately upon your release from custody to the probation officer at 100 - 13545 - 64th Avenue, Surrey, British Columbia, and thereafter report only as often as necessary for the purposes of arranging, attending, participating and completing such counselling as may be directed by your probation officer. [ 10 ] You are to attend, participate and successfully complete such counselling as directed by the probation officer. [ 11 ] You are to reside where directed by the probation officer, which may include any recovery house at which you have a place to live, and do not change that residence without the prior written permission of the probation officer. [ 12 ] You are not to have contact, directly or indirectly, with Sunil Loachotra, Indika Ihalage, Gurpreet Sidhu, Roderick Potter, Warti Kataria, Laura Wilson, Karmal Sidhu or Tia Qualyle.

I understand your counsel's submission that you likely would not recognize these individuals, but these individuals might recognize you, and for their peace of mind and protection, I make that order that you not have contact with them. [ 13 ] There are also some ancillary orders that accompany this sentence, and they will be that you are prohibited under s. 109 of the Criminal Code from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance for life. [ 14 ] I also direct that a sample of your DNA be taken; this is a DNA primary offence so a sample of your DNA will be taken.

Any other – [ 15 ] MR. WILSON: The victim fine surcharge, I suggest that it be waived. [ 16 ] THE COURT: Yes, I am waiving the victim fine surcharge. I am satisfied Mr. Biwer does not have the ability to pay at the moment. [ 17 ] MR. DHANU: Just with regard to the sentence itself, just to be clear for the record, the sentence will be a credit for 260 days – 264 days of time served, with a further two years less one day sentence beginning today. [ 18 ] THE COURT: Yes. Definitely. That wasn't – [ 19 ] MR.

WILSON: The way it is reflected in the records kept by the Ministry of Justice, it is two years less one day, credited pre- sentence time in custody 264 days.

[ 20 ] THE COURT: Yes. That is how it should read if that is how it is most clearly expressed. Thank you, Mr. Wilson. (REASONS FOR SENTENCE CONCLUDED)