R. v. D. Date:, 2014 BCPC 326
Opinion
Citation: R. v. D. Date: 20141205 2014 BCPC 0326 File No: 17576-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA (Criminal Division) REGINA v. K.E.D. EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE T. GOVE Counsel for the Crown: M. Merry Appearing on his own behalf by videoconference: K.E.D. Place of Hearing: Vancouver , B.C. Date of Hearing: December 5, 2014
Date of Judgment: December 5, 2014 [ 1 ] THE COURT: Mr. D. is a 48-year-old man whose criminal record goes back to his youth. Most significantly during the 1990s, the 2000s up to 2012, he has a whole string of robberies for which, on quick calculation, he has spent most of his life in jail, most of it actually in the federal system. [ 2 ] The facts here are quite simple. He was paroled. He was paroled to Harbour Lights which is near this courthouse in the Downtown Eastside.
Several days later, he signed out in the morning, did not return at night, and a day or so later, he is found half a block from Harbour Lights, across the street from a police station. He says he was going to turn himself in. It seems likely, given why else would be in the neighbourhood in that particular spot? No new offences. [ 3 ] He has been back in custody for just over two months.
He has clearly suffered a consequence as a result of his foolish behaviour in wandering off. [ 4 ] THE ACCUSED: Actually I got lost. [ 5 ] THE COURT: You got lost, okay. [ 6 ] I am told by him and confirmed by the Crown that his warrant of expiry is next July. So subject to being re-paroled, he certainly has another six or seven months to spend in jail. I am satisfied that a 60-day sentence to be served concurrent is appropriate under the facts of this case. [ 7 ] The victim surcharge of $100, he is not going to pay and will serve, one day in default, concurrent. [ 8 ] Next time you get out, Mr.
D., get focused. [ 9 ] THE ACCUSED: I plan to. Thank you, Your Honour. [ 10 ] THE COURT: You have spent a long time in jail. You should get back to Ontario. Is that where your daughter is? [ 11 ] THE ACCUSED: Yes, she is in Barrie, Ontario. [ 12 ] THE COURT: All right. That is where you want to get to. (REASONS FOR SENTENCE CONCLUDED)
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