R. v. Dearmin, 2023 BCPC 246

Citation: R. v. Dearmin 2021 BCPC 527 Date: 20211022 File Nos: 32905-1, 263416-3-C Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JAMIE JOSEPH DEARMIN REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. GALATI Counsel for the Crown: R. Bellis Counsel for the Defendant: G. Dhillon (as Agent for L. Fumano) Place of Hearing: Vancouver , B.C. Date of Hearing: October 22, 2021 Date of Judgment: October 22, 2021

[ 1 ] THE COURT : Mr. Dearmin, the real aggravating circumstances that pertain to you are, one, you have got a real bad record, including -- and I had just a quick look at it, but you have got by my count three previous resist-arrest-type charges on your record in addition to all of the other offences. So that is very aggravating. [ 2 ] The circumstances of both offences, really, are pretty aggravating in and of themselves. I have looked at the photos and I appreciate that you got mauled up pretty good by that police dog. [ 3 ] THE ACCUSED: Yes, sir. [ 4 ] THE COURT: I appreciate that.

I know that those dogs are trained to bite and hold on. If you had not resisted or tried to fight off the dog, you probably would not have been hurt nearly as bad as you were. So to some extent you are the author of your own misfortune with respect to your injury. I say this having owned a big German Shepherd who did get bit in the ear, not by a human but by another dog. It is a very sensitive spot for them.

I am not placing a whole lot of weight on any of that other than the fact that you were not just trying to get away from the dog, you caused, you know, albeit minor, an injury to the dog. [ 5 ] All of that being said, this came before me as sort of a joint submission and I am going to go along with it. I do think that it is a fair joint submission appropriate in all of the circumstances. [ 6 ] With respect to you not being able to go to Sorella House, you are not allowed to be there, in any event, okay? So I am going to make that order that you not go to Sorella House. I agree with Ms.

Dhillon on your behalf that you can go to the block; you just cannot go to Sorella House. [ 7 ] THE ACCUSED: Okay. [ 8 ] THE COURT: All right? Okay. So on Count 3 the sentence will be -- just hang on. There is more arithmetic here. Sorry, it was 65 days credit, right? [ 9 ] CNSL G. DHILLON: Yes, Your Honour. [ 10 ] THE COURT: Okay. So I have worked it out, and I do not think I worked it out correctly in the first place. Okay. On Count 3 your sentence is 1 day imprisonment with your record to reflect time served of 40 days, time credited of 60 days.

On Count 4 your sentence is 54 days consecutive to the 1 day with your record to reflect time served of -- what does that leave? Six -- time served of four days, time credited of six days. The effective sentence on that count also being 60 days. So in total the new time that you are being sentenced to is 55 days. In total the credit that you are getting is 65 days. [ 11 ] That will be followed by a probation order for a period of two years. The statutory conditions are that you keep the peace and be of good behaviour, appear before the court when required to do so.

You are to notify the court or your probation officer in advance of any change of name, address or employment. [ 12 ] The further conditions that I am imposing are as follows. [ 13 ] You are to report in person to a probation officer at 275 East Cordova Street in Vancouver by 2 p.m. of the second business day following your release from custody and thereafter you are to report as directed. [ 14 ] You are not to have any contact directly or indirectly with any employee of Sorella House. [ 15 ] You are not to attend at 525 Abbott Street in Vancouver, British Columbia. [ 16 ] You are not to possess any weapons as defined in the Criminal Code and you are not to possess any firearms as defined in the Criminal Code . [ 17 ] You are not to possess or have control of any animal or reside in a place where an animal is present. [ 18 ] Do you understand all of those conditions? [ 19 ] THE ACCUSED: Yes, sir. [ 20 ] THE COURT: Okay.

Of course you understand given that you have been charged with numerous breaches that if you breach any of them, you can be charged with a new offence. [ 21 ] THE ACCUSED: Yeah. Yes, sir. [ 22 ] THE COURT: Okay. I will waive the requirement, Mr. Dearmin, for you to sign the probation order, but you have to know it is effective as soon as you get released. [ 23 ] THE ACCUSED: Okay. [ 24 ] THE COURT: Okay? Ms. Dhillon, I trust you will make sure he gets a copy of it if he does not get it through the corrections system. [ 25 ] CNSL G.

DHILLON: Yes, I will ensure he calls me to get a copy. [ 26 ] THE COURT: I am sure. I take it you are going to be asking me to waive the victim surcharge --

[ 27 ] CNSL G. DHILLON: I -- [ 28 ] THE COURT: -- in all the circumstances? [ 29 ] CNSL G. DHILLON: Yes, I was. Thank you. Yeah. [ 30 ] THE COURT: I will do that. The victim surcharges are waived. [ 31 ] THE COURT: Good luck, Mr. Dearmin. [ 32 ] THE ACCUSED: Thank you, sir. Thank you, Ms. Dhillon. [ 33 ] CNSL G. DHILLON: You're welcome. [ 34 ] CNSL R. BELLIS: Thanks, Your Honour. And I need to direct a stay of proceedings now on Counts 1 and 2. [ 35 ] THE COURT: Thank you very much. (REASONS CONCLUDED)