R. v. Wells Date:, 2012 BCPC 284

Citation: R. v. Wells Date: 20120621 2012 BCPC 0284 File No: 185248-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. NICHOLAS ARTHUR WELLS ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE K.W. BALL Counsel for the Crown: M. Vojvodic Counsel for the Defendant: N. Reithmeier Place of Hearing: Surrey , B.C. Date of Hearing: June 8, 2012 Date of Judgment: June 21, 2012 [ 1 ] THE COURT : Mr. Wells is before the court today on a charge of attempted public mischief, if I can round it out that way.

Shortly put, he was the passenger in a vehicle of which he was the registered owner and the vehicle was in an accident. He and the driver left the scene. He had been trying to apparently teach the driver how to drive, unfortunately, in this case, without much success. [ 2 ] After the parties had left the scene, a call was made by Mr. Wells to 9-1-1 to advise that the Cavalier was stolen. Mr. Reithmeier put it, I think, properly by saying that "no one was buying what the accused was selling" at that point in time.

The police did not embark upon a stolen-vehicle investigation and more or less went directly to the point that the call was a false call. [ 3 ] This kind of case is of concern because of the potential for vast public resources being used to investigate matters that have not happened. I can tell Mr. Wells I dealt with one of these cases about a year ago where both parties involved, because of the nature of the public mischief, went to jail; so it is a serious matter. I do not intend to send Mr. Wells to jail. In your case, first of all this is a matter now which has more than a little age to it.

There has been no further offence. In technical terms, you actually do not have a criminal record. While there is a relatively old discharge on your record, that discharge was completed successfully and as a result the discharge provisions apply to that file. [ 4 ] Mr. Wells, despite a number of health difficulties, has a continuous employment history and has made significant strides to qualify himself as a paramedic, a profession that no one enters with the goal of vast personal fortune; almost every paramedic enters that business because of a passion to do that sort of work.

Paramedics contribute something to the public, so it has a very significant positive public interest. [ 5 ] I have no doubt in the circumstances of this case that personal deterrence, or specific deterrence as it is called, is not an issue. Mr. Wells has been through a period of time where no doubt some level of anxiety has played on him, particularly as he looked ahead to perhaps not being able to enter the final stage of the Emergency Medical Responder program. I, for one, certainly hope that he is able to enter that program.

I say that based on what I have heard about his experience and background and the fact that he has, in a fairly short period of time, qualified to the level of qualification that he has presently as a paramedic. He has done all of that training knowing that because of the disability of having only one strong eye, his access to the paramedic profession is somewhat limited. Nonetheless, he has chosen to take on that sort of work and it is for the public good, and that is a mitigating factor on sentence. [ 6 ] So I am satisfied, dealing with the test in R. v.

Fallofield , that it is clearly in this man's interest that a conditional discharge be granted. With respect to the public interest, the public will hopefully, in a short period of time, have an additional medical first responder, who is able to provide services to the public in a positive way. I cannot imagine how that could be anything but in the public interest, and so for those reasons I am going to grant a conditional discharge. [ 7 ] The discharge will be for a period of nine months.

He will keep the peace and be of good behaviour; appear before the court when required to do so by the court; and he will notify the court or 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. [ 8 ] He will report before 4:00 p.m. tomorrow, which is the 22nd of June 2012, to the probation officer at 100 - 13545 - 64th Avenue in Surrey, British Columbia, and thereafter report only as often as necessary for the purposes of arranging, attending, completing and monitoring community work service as may be directed by the probation officer. [ 9 ] He will provide his residential address to the probation officer and not change that residence without the prior written permission of the probation officer. [ 10 ] He will complete 30 hours of community work service under the direction of and to the satisfaction of the community work service officer and the probation officer by the end of the sixth month of the discharge period. [ 11 ] In the circumstances here I am going to waive the surcharge, which is otherwise applicable, and simply wish Mr.

Wells good luck with his program. (REASONS FOR SENTENCE CONCLUDED)