R. v. Clay, 2013 BCSC 2113

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Clay, 2013 BCSC 2113 Date: 20131101 Docket: 35648-3 Registry: Prince George Regina v. Cornelia Nicole Clay, Jamie Hal Hammerstrom, Jacqueline Lee Patrick, Samantha Nicole Patrick Before: The Honourable Mr. Justice Tindale Oral Reasons for Sentence re Accused Samantha Nicole Patrick Counsel for Crown: C.P. Malfair Counsel for Accused Cornelia Nicole Clay: C.R. Carleton Counsel for Accused Samantha Nicole Patrick: J.C. LeBlond Place and Date of Trial/Hearing: Prince George, B.C. November 1, 2013 Place and Date of Judgment: Prince George, B.C.

November 1, 2013 [ 1 ] THE COURT: Samantha Nicole Patrick has entered pleas on Indictment 35648-3 out of the Prince George Registry in the Supreme Court of British Columbia of guilty to Count 22, which is an offence pursuant to s. 92(1) of the Criminal Code , and Count 23, where she entered a plea of guilty to an offence pursuant to s. 96(1) of the Criminal Code . [ 2 ] The circumstances of the offence are, I suppose from Ms. Patrick's point of view, quite simple.

She was in possession and apparently holding a weapon, a .22 calibre rifle that was sawed off, for another individual who appears to have been or at least is alleged to have been involved in firearms trafficking. [ 3 ] Ms. Patrick has a lengthy criminal record both in Youth Court and as an adult, including convictions in July of 2011 for assault with a weapon. She was under a mandatory firearms prohibition at the time of these offences. Despite Ms. Patrick's lengthy record, the people she was involved with, I think it is safe to say, are perhaps on the more criminal end of the spectrum than she is. [ 4 ] Ms.

Patrick has been in custody, I am told, for approximately 15 months. This is a well-considered and joint submission between counsel. There are admissions of fact that have been entered in this matter. The proposed disposition is a jail sentence of 24 months less a day, then taking into account the 15 months that Ms. Patrick has already served, an additional nine months less a day jail to be followed by three years' probation as well as a firearm prohibition and a DNA order. [ 5 ] Ms. Patrick is a very young woman at the age of 23 years.

I am told that she left school at grade 10 and that she, by her own admission, had a good or reasonable upbringing and really fell into the wrong crowd upon leaving school. She has a young son who she has had limited time with because she has been in custody. She tells me today she is sorry for her actions, and I accept that. [ 6 ] Mr. LeBlond, on behalf of Ms. Patrick, has provided a book of documents which has been marked as Exhibit 4 in these proceedings which outlines a number of courses that Ms.

Patrick has taken through the Phoenix Transition Society since she has been in custody, including anger management counselling, life skills, identifying barriers, and courses with regard to children who witness violence, the healthy relationships program. She has also taken a Food Safe course. [ 7 ] There are a number of documents that have been handed up, but Ms. Patrick, this particular document that your lawyer has handed up, you should be very proud of. You have done a lot of good work here. [ 8 ] THE ACCUSED: Is the substance abuse management in there? [ 9 ] THE COURT: I believe it is.

I just went through them in a

summary fashion, but I have looked at them. You should be very proud of those. That is a good first step for you. [ 10 ] I think the sentence that has been proposed, as I said, was well thought out. It is reasonable because it does take into account, certainly, the deterrence consideration that has to be met in offences of this nature. Obviously, firearms and prohibited weapons are a danger to society and have to be treated seriously. It also takes into account a rehabilitative component. [ 11 ] So with regard to this matter, I am satisfied that the joint submission is reasonable.

With regard to Count 23, in my view, the appropriate disposition would have been 24 months less a day custody; however, given the fact that you have spent 15 months in custody, the sentence will be nine months less one day jail with a notation of 15 months' time served. That will be followed by three

years of probation.

I will get to the probation in a minute. [ 12 ] With regard to Count 22, there will be 30 days in custody, and that is to be served concurrently to any other sentence you are serving. [ 13 ] Now, with regard to the probation order, there will be the mandatory conditions, which are: you shall keep the peace and be of good behaviour; you shall appear before the court when required to do so by the court; you shall notify the court or the probation officer in advance of any change of name or address and promptly notify the court or the probation officer of any change of employment or occupation. [ 14 ] The next condition will be that within 72 hours after completing your jail sentence, you shall report in person to the probation office located at #101 - 250 George Street, Prince George, B.C., and after that you shall report as and when directed by the probation officer. [ 15 ] When reporting to the probation officer, you shall inform him of your present residential address and phone number, and you shall not change your address or phone number at any time without first obtaining the written consent of the probation officer. [ 16 ] You shall obey a curfew by being inside of your residence or on the lot on which your residence is located between the hours of 10 p.m. and 6 a.m. each day, except as follows: first, with the written consent of the probation officer obtained in advance, and such consent is to be given only for compelling personal, family, or employment reasons; next, in the event of a medical emergency, and then only when travelling directly to or returning directly from a hospital emergency ward. [ 17 ] You shall have no contact or communication, directly or indirectly, with the following persons: Jamie Hammerstrom, Jeffery Last, Zachary Doolittle, Aaron Johnson, Eric Johnson, Colby Johnson -- I am sorry, what was the last -- [ 18 ] MS.

MALFAIR: Dale Culver, My Lord. [ 19 ] THE COURT: Culver. Dale Culver. [ 20 ] Also, you shall not possess or consume any alcohol or any controlled substance within the meaning of s. 2 of the Controlled Drugs and Substances Act , except as prescribed to you by a physician. [ 21 ] You shall not possess any weapon as defined in s. 2 of the Criminal Code . [ 22 ] Your client doesn't have any weapons to surrender; does she? [ 23 ] MR.

LeBLOND: No, Your Honour -- or My Lord, she doesn't. [ 24 ] THE COURT: Thank you. [ 25 ] Next, you shall attend, participate in, and successfully complete any assessment, counselling, or program as directed by the probation officer, and without limiting the general nature of this condition, such assessment, counselling, or program may include and relate to anger management, alcohol and drug abuse, and you shall comply with all the rules and regulations of any such assessment, counselling, or program. [ 26 ] I am just pausing here with regard to the condition about seeking and obtaining employment.

It is a pretty lengthy probation order, and I am not sure that given Ms. Patrick's background, that might not be the fairest of conditions, in my view. [ 27 ] MS. MALFAIR: Very well, My Lord. That's fine. We will let her work on herself, and then we can deal with that. [ 28 ] THE COURT: Yes. [ 29 ] MS. MALFAIR: I will seek curfew checks, however, My Lord, please. [ 30 ] THE COURT: All right.

With regard to the curfew, then, you shall present yourself at the door to your residence when any peace officer or probation officer attends there for the purpose of determining your compliance with the curfew conditions of this order, and you shall respond personally and immediately to the telephone when a peace officer or probation officer makes a telephone call to your residence for the purpose of determining your compliance with the curfew conditions of this order. [ 31 ] So those will be the conditions of your probation order. Also, I am going to make a DNA order.

It is a secondary designated offence, taking into account your criminal record, the nature and circumstances of this offence, and the impact it may have on your privacy and security of person, and as such, I am going to make the order pursuant to s. 487.051 of the Criminal Code authorizing the taking of the number of samples of bodily substance by any peace officer for the Province of British Columbia that is reasonably required for the purpose of forensic DNA analysis. [ 32 ] Finally, I will make a firearms prohibition pursuant to s. 109 of the Criminal Code , and you are prohibited from possessing any firearm, prohibited firearm, restricted firearm, any crossbow, restricted weapon, ammunition, and explosive substance for life. [ 33 ] Anything further? [ 34 ] MS.

MALFAIR: No, thank you, My Lord. The Crown does direct a stay of proceedings as against Ms. Patrick for Counts 1 through I believe it's 21, Madam Clerk. [ 35 ] THE COURT: All right.

[ 36 ] MR. LeBLOND: My Lord, it's a small matter, but I should just ask that any victim of crime surcharge be waived given the -- all of the information Your Lordship has received about my client. [ 37 ] THE COURT: Well, since I can still do that and shortly won't be able to, I will waive it. [ 38 ] MR. LeBLOND: Thank you, My Lord. [ 39 ] THE COURT: Thank you. “R. S. Tindale J.”