Regina v. Hunka - Oral Reasons for Sentence Date:, 2003 BCPC 324

Citation: Regina v. Hunka - Oral Reasons for Sentence Date: 20030402 2003 BCPC 0324 File No: 16566-1K Registry: Salmon Arm IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. OWEN LLOYD HUNKA EXCERPT FROM PROCEEDINGS ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE B. J. GRANNARY Counsel for the Crown: G. Koturbash Counsel for the Accused: C. H. Johnston Place of Hearing: Salmon Arm, B.C. Date of Hearing: April 2, 2003 Date of Judgment: April 2, 2003 [ 1 ] THE COURT : Well, Mr.

Hunka, I hope you have had an opportunity to look at the Pre-Sentence Report and you have had an opportunity, no doubt, over the last month or fifty days or so to think about what it is you have done and what it is you have started, what motion you started in the court system, certainly. And I appreciate that cocaine addiction and cocaine use is very serious and it can, I am told, have people do things they otherwise would not do. [ 2 ] But part of this problem is you, and part of the problem is you without the cocaine. There is an underlying anger there.

There is an underlying violence that is released by the cocaine. It may be made worse by the cocaine, fanned a little bit, you give it oxygen, but it is there, and that is the part that ends up tying up your partner with this duct tape and you are incredibly lucky that she did not die on you. I mean, when you choke somebody out to the point where they lose consciousness, you do not know they are going to come back.

You are right on the edge of life and death when you do that sort of thing, or cause serious brain injury, because you are depriving the brain of oxygen. [ 3 ] You are really playing with fire, and I do not think it is up to you or anybody to say, "Well, it wasn't so bad because she woke up, or she lost a few hairs on the back of her neck." You could have killed the woman, or you could have seriously damaged her brain. You are no medical person to know when she has had enough. [ 4 ] This is very, very dangerous activity and whether your judgment is clouded by cocaine or not, this is serious.

Perhaps she will not have the scars that she would have if you had hit her with a shovel like in one of the cases I was given here, or you punched her out and knocked out her teeth or bruised her up pretty good. She will not have those physical scars, but what sort of emotional damage are you causing when you choke somebody out repeatedly to the point that they are losing consciousness. [ 5 ] Here she is, forgiving you. You have got a good woman there, at least as far as she forgives you.

I do not think she makes terribly good decisions about going back with you, but I do not begin to understand the complicated complex psychological relationship that people develop in these relationships that one party is beating on the other. I just do not understand them, and why people do that. But they do it, and she will go back to you. Why, I do not know, why she wants to do that, but I am not here to decide all those things. [ 6 ] I have to deal with you and what you did to her in this incident.

The cases the prosecutor has given me more or less outline that I should be sentencing you to jail for twelve months roughly. Each case is different. I have to look at the surrounding circumstances. I have to look at a prior history. You do not have any convictions for assault. The nature of the injury in some of these, there was some fairly severe physical injuries. Somebody was hit with a shovel. Somebody's face was punched to the point where you could not tell their features. It was just a flat line.

So those are pretty serious incidents. [ 7 ] I also have to consider, though, that you were able to assault her because she was your partner. That is an aggravating factor under the Criminal Code , because people like that are very vulnerable, and they put themselves in vulnerable positions with people that they love and that they live with. And you were able to beat on her because she was handy. With a stranger, you would not have been able to do that. They would have left, or they would have attacked you back, or something.

But you were able to beat her because she was there, and she was there because she loved you, and that is what you did to her. [ 8 ] Now, I do not know where that relationship is going, but to me, it is not a healthy one right now. It is going to take a lot of work on your part -- and maybe some work on her part to understand her role in this, too, because she has a role in it -- before the two of you get back together. It is not very healthy right now. It is not very safe for her, and there is a quote in the R. v. Julian case, December the 10th, 1990, B.C.C.A., that says:

One would have to be both ill informed and insensitive to the realities of life not to recognize the fact that women have for too long been left vulnerable to and unprotected against this sort of domestic violence.

Whatever may be the complicated psychological and/or sociological explanations which underlie this peculiar and devastating form of violent crime, the ultimate, and if I may say so, uncomplicated object of any court before whom such tragedies are brought, must be to protect the victim as best can be done within the parameters of our statutory jurisdiction. [ 9 ] All that means is that maybe your partner has forgiven you, but the court is not so easy.

The courts say it is not just you, it is other guys like you, who think like you, who behave like you, who assault other people, and those guys have to know that if they behave like this, there are going to be some serious problems coming for them. That is what is known as general deterrence. That is for everybody else. There is also something for you, too, which is specific deterrence, that you have to know that this is not going to be forgotten by a simple, "I'm sorry." That is the start, but it is not the end of it. [ 10 ] I am looking at all the circumstances.

I look at the fact that you have spent fifty days in custody, and I am considering that so if you are dealt with further along the line with a sexual assault you should not get double credit for it. I am considering it now, and the cases that I have been given, and Ms.

E.'s attitude towards you, but it seems to me in order to address what is a very serious deterrence issue, both you and everybody else, without losing sight of the rehabilitation, that an appropriate sentence is nine months' imprisonment, and that is what I sentence you to. [ 11 ] That is to be followed by a period of probation of two years, and the probationary terms on that are going to be these: That you are to report to a probation officer in Kamloops within two days of your release from custody, and thereafter as required and in the manner directed by your probation officer. [ 12 ] You are to reside in a residence approved of by your probation officer and not change that place of residence without the prior written approval of your probation officer. [ 13 ] You must attend, participate in and complete to the satisfaction of your probation officer such assessments and/or counselling as directed by your probation officer.

This is not limited to, but specifically includes, counselling or assessments for alcohol abuse, anger management, domestic violence program, psychological health, substance abuse and psychiatric health. [ 14 ] You must attend, participate in and complete to the satisfaction of your probation officer a residential treatment program for substance abuse if so directed by your probation officer. [ 15 ] You are to abstain absolutely from the consumption of alcohol or illegal drugs.

You must provide such samples of your breath as are suitable for analysis, or such samples of urine as suitable for analysis, upon the demand of any peace officer in order to determine whether or not you are in compliance with the order. [ 16 ] You must make diligent efforts to find and maintain employment approved of by your probation officer. And I will not detail the whole thing.

It will be outlined in more detail on the probation order, but it is number 0026, that when you go see your probation officer you are to provide a written report of who you saw, what jobs you tried to get, what the results were, okay? [ 17 ] And finally, dealing with Ms. E., per se, you must not contact or attempt to contact M.E. at any time, for any reason, whether directly or indirectly, except as may be authorized in writing by your probation officer.

Now, I assume your probation officer will look at that and say that he or she has the authority to allow contact, and that would be presumably after you have completed some programs that give you a better insight into why it is you behave with her the way you do. That may be a drug program. That may be a domestic violence program you might get in Kamloops, I do not know, but I am leaving it up to the probation officer to determine that. [ 18 ] Now, it would be helpful, Ms.

E., that you not contact him yourself, because you can put him in a position where he is breaching this order, and if he breaches this order he may go back to jail, which is not helpful for anybody. You are part of the problem, whether you see that or not, I think.

You are assisting him in behaving in this way by putting yourself in a position where you could be assaulted, and you are helping in that way. [ 19 ] I know whatever is motivating you, that is your business, but if you want him to get better and to behave more appropriately around you, you have got to give him a chance to heal himself, and he cannot heal himself around you. He needs to do it himself, so I cannot bind you not to contact him, but I think, in his interests, it is not a good idea if you do that. He has got to deal with these issues himself first. [ 20 ] Now, I am also making an order under

Section 110 of the Criminal Code that you be prohibited from possessing firearms, ammunition, explosive substances, or the other items mentioned in

Section 109 and 110 for a period of ten years. [ 21 ] You are to provide blood for the purpose of a DNA analysis at a suitable time and place. [ 22 ] I am waiving the victim fine surcharge. (EXCERPT CONCLUDED)