R. v. Kipp, 2010 BCSC 1886

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Kipp, 2010 BCSC 1886 Date: 20101208 Docket: 57906-2 Registry: Chilliwack Regina v. Thomas Charles Kipp Before: The Honourable Mr. Justice Joyce Oral Reasons for Sentence Counsel for the Crown: P.R.J. Blessin Counsel for the Accused: S. Paterson Place and Date of Trial/Hearing: Chilliwack, B.C. December 8, 2010 Place and Date of Judgment: Chilliwack, B.C. December 8, 2010 [ 1 ] Mr. Kipp has been convicted of aggravated assault and assault with a weapon, both very serious charges. Mr.

Kipp is fortunate that the stabbing of his victim did not result in a death and that he is not facing more serious repercussions than he is. [ 2 ] The Crown and defence join in submitting that an appropriate sentence in this case would be an effective jail sentence of 18 months to be followed by two years of probation subject to conditions or terms of probation that will be directed towards ensuring that Mr. Kipp's rehabilitation is addressed appropriately. [ 3 ] Mr. Kipp has a lengthy record, most of it as a youth.

A good deal of that record involves drug-related offences and property offences that are also in large measure related to his drug addiction problem which is long standing. [ 4 ] Mr. Kipp has had an unfortunate background. He has been caught up in the world of illicit drugs and alcohol abuse for a long time now. However, Mr. Kipp is a relatively young man.

He is now 24 years old and certainly at an age where the prospects of rehabilitation must obviously be considered. [ 5 ] I think that the sentence that is sought, an effective jail sentence of 18 months, is probably at the low end of the scale but I am prepared to accept the joint submission given the submission that there be a lengthy period of probation with stringent conditions. [ 6 ] Mr. Kipp has spent approximately six months in custody since his arrest and under the new regime, the new law that now is in effect, he is entitled to credit on a one-for-one basis. [ 7 ] Mr.

Kipp, I am therefore sentencing you to a sentence of incarceration for a period of 12 months. That will be followed by a term of probation for a period of two years with the conditions as suggested by the Crown and your lawyer: 1. First of all, you will report as directed by your probation officer. 2. You are to reside at a residential treatment and recovery centre for drugs and alcohol recovery as directed by your probation officer and for such period of your probation as directed by your probation officer.

I am told that arrangements have been made at Options Recovery Centre, who indicated that they are prepared to receive you once released from custody. But in any event it will be for your probation officer to approve the particular facility at the time of your release. 3. As a term of your probation, you are not to be in possession of any weapons as defined by the Criminal Code , R.S.C. 1985, c. C- 46, including any knives, except for possession of the knives for the purposes of food preparation and consumption, or such knives as might be required by virtue of any employment in which you may be engaged. 4.

You are to have no contact directly or indirectly with the complainant Mr. Lee Pilon. 5. You are not to go to any residence where you believe Mr. Lee Pilon is living or any place of work that you know to be his place of work. 6. You are to take such further counselling as directed by your probation officer. [ 8 ] There will be a DNA order, this being a primary designated offence. There will also be a ten-year firearms prohibition

pursuant to s. 109 of the Criminal Code . [SUBMISSIONS] [ 9 ] I will vacate the witness warrants and, in light of the sentence that I have imposed, I am prepared to waive the victim fine surcharge. [ 10 ] The actual sentence of 12 months is concurrent on each count. B.M. Joyce J.