R. v. Lambillon, 2013 BCSC 2205

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Lambillon, 2013 BCSC 2205 Date: 20131008 Docket: 37784-2 Registry: Courtenay Regina v. Jennifer Leigh Lambillon, Douglas James Murray and Jacob Tyler Seal Before: The Honourable Mr. Justice Thompson Oral Reasons for Sentence Counsel for Crown: J. Boccabella Counsel for Accused Lambillon: S. Baxter Counsel for Accused Murray: R. Yeo Counsel for accused Seal: E. Chesterley Place and Date of Hearing: Courtenay, B.C. October 8, 2013 Place and Date of Judgment: Courtenay, B.C. October 8, 2013 [ 1 ] THE COURT: With respect to Mr.

Seal, he has pleaded guilty to one count of assault causing bodily harm. In the midst of this melee, he threw a glass. It broke and caused facial cuts to his victim. The photos show how lucky she was and how lucky Mr. Seal is that the injuries were not much worse. He is 24 years old. At the time of this offence, he was on bail in relation to a 6 December 2011 robbery. He subsequently was convicted of that offence and in June of this year was sentenced to two and a half years in prison. I am told that the victim of that offence was very seriously injured. [ 2 ] Mr.

Seal has completed various courses while in prison, including courses to try to stem his problems with substance addiction and anger and violence. I have read the supportive letters provided by his mother and his aunt and uncle. It seems that Mr. Seal has had, in some senses, a disadvantaged upbringing. [ 3 ] The joint submission is that there be a sentence of nine months' imprisonment consecutive to the sentence being served. I am prepared to accede to the joint submission. [ 4 ] Stand up, Mr.

Seal. [ 5 ] You are sentenced to nine months' imprisonment consecutive to any sentence of imprisonment that you are currently serving. You will also provide a DNA sample. [ 6 ] Sit down. [ 7 ] Mr. Murray, you have plead guilty to one count of common assault. You have acknowledged your role as a party and that this role encouraged the principal antagonist. You are 22 years old. You have at this point a modest and, as your counsel pointed out, somewhat dated criminal record. You graduated high school. You have worked the oil patch since then.

You plan to return to that work and eventually to take business management courses. The joint submission is that you be fined $500 and be placed on probation for a one-year period. I accept that submission. Your sentence to be a $500 fine, sir. It will be paid within three months. You will also be placed on probation for one year with the statutory terms plus the additional term that you have no contact with Vince McNeil, Chantal Whitelaw, or Caitlyn Whitelaw. There will not be a DNA sample taken from you. [ 8 ] You may sit down. [ 9 ] Ms. Lambillon has no record. She is 29 years of age.

I have read the supportive letters filed on her behalf. She has pleaded guilty to common assault. She pushed down one of the victims and held her down. I find that she had a minor role to play in this affair. [ 10 ] Ms. Lambillon has, with this exception, seemingly been a good citizen. I find that a conditional discharge is in her interest and not contrary to the public interest. [ 11 ] You are discharged conditionally. The probation order will be for six months.

The terms will be the statutory terms plus the completion of 30 hours of community work service and that you have no contact with Vince McNeil, Chantal Whitelaw, or Caitlyn Whitelaw during the term of the probation.

[ 12 ] There will be no DNA sample taken with respect to you, Madam. [ 13 ] Is there anything else, Counsel? [ 14 ] MR. BOCCABELLA: I will direct a stay on the remaining counts. [ 15 ] THE COURT: Thank you, sir. “Thompson J.”