R. v. Starblanket Date:, 2015 BCPC 25
Opinion
Citation: R. v. Starblanket Date: 20150205 2015 BCPC 0025 File No: 17843-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. MICHAEL JAMES STARBLANKET EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE T. GOVE Counsel for the Crown: A. Afsar Counsel for the Defendant: R. Enright Place of Hearing: Vancouver , B.C. Date of Hearing: February 5, 2015
Date of Judgment: February 5, 2015 [ 1 ] THE COURT: I note that the accused was re-apprehended, if I can use that term, about five days after he walked away from Harbour Lights. He was re-apprehended on October 16th and has been back in the federal prison system since. So he has, in effect, served about three-and-a-half months as a consequence of his failure to follow his terms of parole. [ 2 ] I note the Information was not laid until December 2014. Had he pled to this offence sometime back in that timeframe, I think a sentence of 30 to 45 days to be served would be appropriate.
Unfortunately, he now comes before me at the point in time at which he is about to be released. I take it that is by coincidence because counsel has adjourned this a number of times.
It is not specifically a matter that he has been brought before the court on the day of his release, but I see no utility in him spending more time in the penitentiary. [ 3 ] He is sentenced to 30 days, one day in addition to 29 days times credited. [ 4 ] The victim surcharge, he will serve one day in default concurrent. [ 5 ] I hope when you get out this next time, which may be the next day or so, you stick with where you are told to go.
It seems like you keep wandering off. [ 6 ] THE ACCUSED: Yes, I plan to -- they have put in -- they sent me to a place where they should have not sent me. [ 7 ] THE COURT: Well, let us not worry about that now. I am just telling you, you have spent three-and-a-half months in jail as a result of walking away. Let us try to get this sentence over with and stay out of trouble. Thank you. [REASONS FOR SENTENCE CONCLUDED]
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