R. v. Carmichael Date:, 2014 BCPC 285

Citation: R. v. Carmichael Date: 20141117 2014 BCPC 0285 File No: 17639-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JONATHAN CHEVY CARMICHAEL EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE T. GOVE Counsel for the Crown: V. Hanna Counsel for the Defendant: A. Demeulemeester, QC Place of Hearing: Vancouver , B.C.

Date of Hearing: November 17, 2014 Date of Judgment: November 17, 2014 [ 1 ] THE COURT: I have before me a 22-year-old man who is from Ontario. His entire record took place in either London or St. Thomas which are near to each other. He, at the age of 20, was convicted in Ontario and sentenced to a federal sentence. I am informed that he was transferred by Corrections Service Canada to the Kent Institution in British Columbia. [ 2 ] He was released on parole from Kent on July the 3rd, 2014 to Belkin House in downtown Vancouver.

He left that place on July the 12th, apparently, to go to the Vancouver Library, did not return, and was arrested by the police near the library two days later, July 14th. His release to Vancouver, which seems to be not uncommon for people who are not from Vancouver, often concerns me. This young man does not appear to have any supports in Vancouver. He was released, not in his home community, where he presumably has some support, but rather to an area of Vancouver which we know is wrought with drugs. [ 3 ] I am not questioning the program. He was sent to Belkin House.

It is a good program, but it does surprise me that one would expect that it would enhance his rehabilitation to be released in a place that he is not from and a place in which a person with his background and attraction to crime inevitably would get back into trouble. As I say, he failed to return to Belkin House. He was arrested two days later. There are no new charges. [ 4 ] He has now spent just over four months back in custody as a direct consequence of his absence. The Information, I note, was not laid until October 30th, 2014. I have heard no explanation for why there would be such a delay.

He has been in custody since July 14, 2014. He has pled guilty today on his first appearance. [ 5 ] The Crown appropriately submits that a sentence of three months is called for here and submits that it ought to be consecutive because, of course, it is in addition to the sentence he is serving. His next release date, I am told, is January 30th, 2015. [ 6 ] In my view, he has spent the last four months in jail as a direct result of his conduct in being unlawfully at large and to extend his sentence by another three months would not be in keeping with the principles of sentencing.

He is sentenced to 30 days concurrent. [ 7 ] There is a $100 victim surcharge. I take it he is not going to pay that and, therefore, he will serve one day concurrent in default. [ 8 ] MR. DEMEULEMEESTER: I think that is correct, Your Honour. [ 9 ] THE COURT: Thank you. Good luck when you get out, young man. (REASONS FOR SENTENCE CONCLUDED)