R. v. I.S.K. Date:, 2012 BCPC 358

Citation: R. v. I.S.K. Date: 20120525 2012 BCPC 0358 File No: 185086-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. I.S.K. ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE K.W. BALL Counsel for the Crown: L. Fontaine Place of Hearing: Surrey , B.C. Dates of Hearing: February 14, 15, 2012 Date of Judgment: May 25, 2012 [ 1 ] THE COURT : Ms. K. [appearing as agent with her father, the accused], the order that the Crown is seeking, because of the

[ 1 ] THE COURT : Ms. K. [appearing as agent with her father, the accused], the order that the Crown is seeking, because of the nature of the offence, is actually a jail sentence. A conditional sentence order is a jail sentence, but it is a jail sentence which is served while the accused is still living in the community; in other words, your father will be living at home in the usual way. He would have some restrictions on his abilities to move around, but he already has those, and those are health-created.

The reason the Crown is asking for such a sentence is because the offence that occurred here is a serious offence. It has had a serious consequence on the woman involved, and that is consistent with other similar cases which have come before the court over many years. That is how we get to these positions. [ 2 ] Because it is a sexual offence it is necessary, and I have no particular ability to change this, nor would I in the circumstances, but there is a requirement for a reporting regime under something called the Sex Offender Information Registration Act.

There will be an order signed, and I am signing it now, which I think you perhaps have the draft of, but it specifies it is for a period of ten years. That order is now in place, and that requires your father's signature at the bottom. I'll pass that down for him to do in just a minute. [ 3 ] Now, is there anything else you want to say to me before I finalize the sentence? [PROCEEDINGS] [ 4 ] THE COURT: There will be a conditional sentence order for a period of three months. That sentence starts today. The terms are that he will keep the peace and be of good behaviour. You are going to get all this in writing.

He will appear before the court when required to do so by the court. You will report to the supervisor before 4:00 p.m. on May the 28th, that's Monday. Is that a convenient day for you? [ 5 ] MS. K.: I can tell today right now. [ 6 ] THE COURT: You could go today right now, but I will give up until 4:00 p.m. on Monday. By the time the order is prepared, it might be too late today to get there, so we'll give you until 4:00 p.m. on Monday. Is Monday a convenient day? [ 7 ] MS. K.: Yes, that's fine. [ 8 ] THE COURT: All right.

To the supervisor at 100 - 13545 - 64th Avenue in Surrey, British Columbia, and thereafter as and when directed by the supervisor. [ 9 ] You will remain within the Province of British Columbia unless written permission to go outside the province is obtained from the court or the supervisor. [ 10 ] You will notify the supervisor in advance of any change of name or address, and promptly notify the supervisor of any change of employment or occupation. [ 11 ] You will provide the supervisor with your residential address, and not change that residence without the prior written permission of the supervisor. [ 12 ] Normally a conditional sentence order would include a curfew, but in the circumstances of this case and given I.S.K.'s pronounced disability I am not going to make a curfew order. [ 13 ] MS.

K.: Can I get the address -- [ 14 ] THE COURT: You'll get it in writing.

You're going to get all this in writing. [ 15 ] He is to have no contact, direct or indirect, with K.K., and he is not to attend within a hundred metres of any residence, place of employment, place of schooling or religious temple which may be attended by K.K. that comes to his knowledge or attention. [ 16 ] He is to attend, participate, and successfully complete such counselling as directed by the supervisor which may include but is not limited to sexual offender counselling. [ 17 ] He is prohibited from owning, possessing or carrying any weapons as defined by the Criminal Code of Canada , or any knives except while preparing and consuming food or used by him during the course of his employment while employed. [ 18 ] I think those will be the terms of the conditional sentence order, and it will be followed by a probation order for a period of 18 months.

He will keep the peace and be of good behaviour, appear before the court when required to do so by the court.

He will notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or probation officer of any change of employment or occupation. [ 19 ] He will report within 72 hours of his release from the conditional sentence order to the probation officer at 100 - 13545 - 64th Avenue in Surrey, and thereafter report only as often as necessary for the purposes of arranging, attending, participating, completing and monitoring counselling as may be directed by the probation officer. [ 20 ] He will provide his residential address to the probation officer and not change that residence without the prior written permission of the probation officer. [ 21 ] He is to have no contact, direct or indirect, with K.K., and not attend within a hundred metres of any residence, school, place of employment or religious temple which she may attend that comes to his knowledge. [ 22 ] He is to attend, participate and successfully complete such counselling as directed by the probation officer which may include but is not limited to sexual offender counselling.

[ 23 ] He is prohibited from owning, possessing or carrying any weapons as defined by the Criminal Code of Canada , or any knives except while preparing and consuming food, or knives used by him during the course of his employment while employed. [ 24 ] He will have to sign both of those orders before he leaves the courthouse today. [ 25 ] In the circumstances I am waiving the victim fine surcharge. [ 26 ] There will be an order that he provide a sample of his DNA at the RCMP detachment immediately across the street, and I believe in Surrey it's Wednesday and Thursday between 8:00 and 3:00.

Madam Registrar, have I got that right? Anyway, the registry will be able to tell us, but I believe it's Wednesday and Thursday between 8:00 a.m. and 3:00 p.m. But that must be done within the next 14 days. You might even go and ask the RCMP today while you're here if the sample can be taken, Ms. K. (REASONS FOR SENTENCE CONCLUDED)