R. v. Heeley Date:, 2015 BCPC 33

Citation: R. v. Heeley Date: 20150202 2015 BCPC 0033 File No: 18290-1, 18921-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. NORMAN CHARLES HEELEY EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE T. GOVE Counsel for the Crown: V. Hanna Counsel for the Defendant: F. Malik Place of Hearing: Vancouver , B.C. Date of Hearing: February 2, 2015

Date of Judgment: February 2, 2015 [ 1 ] THE COURT: Mr. Heeley has pled guilty to two Informations both resulting from events on January the 28th, 2015. The offences are assault with a weapon, being a pair of brass knuckles, and breaching a court order prohibiting him from having weapons. [ 2 ] The facts briefly put are that in the area of Main and Hastings which is the centre of Vancouver, but an area which is ripe with drugs, the accused and the victim, Paul Campbell, found themselves together. Apparently they have known each other for some time.

The accused had come to Vancouver about two weeks before from Alberta where he lives, apparently looking for Mr. Campbell. [ 3 ] They went to Mr. Campbell's apartment and, as they entered, the accused assaulted Mr. Campbell by striking him on the head with the brass knuckles in his hand causing a fair amount of damage and a lot of bleeding. Mr. Campbell ran from the apartment, came across the police who were on the street, identified Mr. Heeley, and he was arrested. [ 4 ] Mr. Campbell has filed a victim impact statement in which he says he felt that Mr.

Heeley was going to kill him and is fearful that he will do so when he is released. He said that he is very frightened. [ 5 ] Mr. Heeley has a lengthy criminal record that includes periods of time in the federal penitentiary service. He is on a lifetime prohibition of possession of weapons. The assaults here are serious. [ 6 ] The Crown had initially made submissions for a six-month sentence on each of the Informations to be served consecutively to be followed by a probation order. I indicated that as part of any probation, I would make an order that he not be in the City of Vancouver as I think Mr.

Campbell needs to have that protection. [ 7 ] Mr. Heeley, who is 58 years of age and, as I mentioned, has had experiences in the Correctional Services of Canada institutions, told me that he would rather have a federal sentence than serving a provincial one. I allowed him to speak further with his lawyer. She has confirmed the instructions that he wants me to sentence him in the result that he will receive a 24-month sentence. Under all the circumstances, I am prepared to do that.

The assault certainly was a vicious one and certainly does attract, in my view, a lengthy sentence. [ 8 ] On the assault with the weapon offence, he is sentenced to 18 months. On breaching the order of prohibition of weapons, he is sentenced to six months.

These sentences to be served consecutive to each other for a total of 24 months. [ 9 ] It will be followed by a probation order of 24 months, to keep the peace and be of good behaviour; to have no contact directly or indirectly with Paul Campbell; to not be at any place of residence, employment, or education of Paul Campbell; to not possess any weapons as defined by the Criminal Code ; and to not be in the City of Vancouver. [ 10 ] My recommendation to the Correction Services of Canada is when Mr.

Heeley is eligible to be released from the penitentiary service that he be released not in the Province of British Columbia, but in his home province of Alberta. [ 11 ] A DNA order is also attracted here on the assault with a weapon. So there will be a DNA order made, primary. Okay. [ 12 ] The victim surcharge, given Mr. Heeley's circumstances, he will serve one day concurrent on each in default. [REASONS FOR SENTENCE CONCLUDED]