R. v. Pelgrom, 2017 BCSC 2410

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Pelgrom, 2017 BCSC 2410 Date: 20170911 Docket: 163630-1 Registry: Victoria Regina v. Roy Joseph Pelgrom Before: The Honourable Madam Justice Shergill Oral Reasons for Sentence Counsel for the Crown: R. Fowler Counsel for the Accused: M. Munro Place and Date of Trial/Hearing: Victoria, B.C. September 11, 2017 Place and Date of Judgment: Victoria, B.C. September 11, 2017 [ 1 ] Mr.

Pelgrom has plead guilty to the offence of unlawful possession of fentanyl for the purpose of trafficking, contrary to section 5(2) of the Controlled Drugs and Substances Act . [ 2 ] The facts agreed to by counsel in their joint submissions on sentence, are as follows. On April 8, 2016, members of the Victoria Police Department were engaged in an investigation targeting Mr. Pelgrom after receiving information that he was selling drugs in the Victoria area. Following surveillance of Mr. Pelgrom, the officers believed that they had reasonable and probable grounds that Mr.

Pelgrom was in possession of drugs for the purposes of trafficking. Mr. Pelgrom was arrested and searched. A fanny pack was found strapped across his chest underneath his shirt. A number of items were seized, including varying quantities of different controlled substances. One of the controlled substances found in Mr. Pelgrom’s possession was 2.89 grams of fentanyl combined with caffeine. This is equivalent to roughly 29 doses. Also found in Mr.

Pelgrom’s possession were empty baggies, a number of cell phones, scales, cash in the amount of $481.30, a sheet of paper with phone numbers and contact information written on it, and lock picks. [ 3 ] Mr. Pelgrom is 33 years old. He has a very lengthy adult criminal record beginning at age 18. At the time of the offence, Mr. Pelgrom was largely homeless. Mr. Pelgrom has had difficulties with substance abuse for quite some time. He is committed to treatment and is planning to attend the Hope Farms treatment facility located in the Duncan area.

He has a supportive partner and two small children. [ 4 ] Upon hearing the joint submissions on sentence from counsel, I am of the view that the proposed sentence is not contrary to the public interest and would not otherwise bring the administration of justice into disrepute. I therefore sentence Mr. Pelgrom as follows. [ 5 ] Mr. Pelgrom, would you please stand? [ 6 ] On the indictment read in as Count 2, to which you have plead guilty, this Court imposes a sentence of 3 years, with credit for 23 months already served prior to sentencing.

This leaves 13 months remaining to be served in jail. [ 7 ] Pursuant to s. 109 of the Criminal Code , you are also placed on a lifetime ban with respect to weapons, so you are not to be in possession of any weapons. [ 8 ] In addition, you are to provide a DNA sample as required pursuant to s. 487.051(3) of the Criminal Code . [ 9 ] Finally, you are to forfeit all of the items that were seized from you at the time of your arrest, which includes cellphones, scales, cash in the approximate amount of $481, any packaging materials and lock picks. [ 10 ] Mr.

Pelgrom, I know that you have had a considerable amount of contact with the court system for a very, very long time and this has to stop at some point. You have two young children that are relying on you and it is clear that you are trying to make efforts to get yourself clean and to move forward in your life. You have the support of your partner, Cassandra Turner, who has provided a letter. Whatever supports you need, whether that is going back to Hope Farms, remaining there, it is really important for you to take this opportunity. I know that a further 13 months in custody seems like a long time.

It could be much longer and, if you keep coming back, it will be longer, and that little ray of hope that you have is going to start diminishing very, very quickly. So I urge you to take whatever resources that are available to you, and to take this opportunity to really consider where you are at and, if you can pull yourself together, hopefully, we will never have to see you again. All right. Thank you.

[ 11 ] MR. MUNRO: Thank you, My Lady, and as to the victim fine surcharge, which would flow, naturally, he has no source of income and is committed to treatment following his release so will not have any income then other than income assistance. Often in this jurisdiction, at least, as opposed to waiving, it is ordered payable forthwith and in default one day, if you would consider that? [ 12 ] MR. FOWLER: I have got no submissions on that point, My Lady. [ 13 ] THE COURT: All right. I order that the victim fine surcharge is payable forthwith, with 1 day in default -- [ 14 ] MR. MUNRO: Very good.

Thank you. [ 15 ] THE COURT: -- which would be tomorrow. [ 16 ] MR. MUNRO: Thank you. [ 17 ] MR. FOWLER: I am sorry, My Lady, did Your Ladyship address the DNA order? I am not sure I heard it. [ 18 ] THE COURT: Yes, I did, [ 19 ] MR. FOWLER: Oh, I -- [ 20 ] THE COURT: Yes. [ 21 ] MR. FOWLER: -- I just missed it. Thank you. [ 22 ] MR. MUNRO: Thank you, My Lady. [ 23 ] THE COURT: Thank you very much. [ 24 ] MR. FOWLER: And, then, My Lady, I will direct a stay of proceedings on all the outstanding counts on the indictment. [ 25 ] THE COURT: Yes, thank you. “Shergill J.”