R. v. Hall Date:, 2012 BCPC 255

Citation: R. v. Hall Date: 20120625 2012 BCPC 0255 File No: 185357-3-C Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. CRAIG DORLAND ROBERT HALL ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE K.W. BALL Counsel for the Crown: P. Beirne Counsel for the Defendant: H. Patey Place of Hearing: Surrey , B.C. Dates of Hearing: October 25, 27, November 4, 22, 23, 24, December 16, 2011; February 20, May 24, June 8, 12, 2012 Date of Judgment: June 25, 2012

[ 1 ] THE COURT : These are brief oral reasons for sentencing in the case of R. v. Craig Hall , Surrey Provincial Court Registry file number 185357-3-C. [ 2 ] Mr. Hall was convicted after a trial which heard evidence concerning in this case ten counts laid as a result of an attempted robbery with a firearm and a robbery with a restricted prohibited firearm while masked and a count of dangerous driving leaving the scene of the second robbery. [ 3 ] The robbery and the attempted robbery occurred within a short period of time, followed by the dangerous driving.

Counsel are agreed that the sentence imposed should be concurrent on all charges due to the spree nature of the two occurrences. I agree. [ 4 ] Mr. Hall is 26 years old and had an unhappy upbringing, particularly at the hands of his alcoholic and abusive father. He left home at age 15 and began a life marked by drug abuse and [text removed for publication] activities to support that abuse. A pre-sentence report was filed which details many aspects of his life. A letter filed by his older sister also provides details and insight into the challenges that Mr.

Hall has faced in his life, without much success to date. [ 5 ] Mr. Hall has a long criminal record with approximately 18 convictions, mostly property offences, but including two robberies and an arson. [ 6 ] The offences in this case can briefly be described as two incidents where he walked into a business armed with a sawed off shotgun and demanded money. In the first incident the owner of the business heard an employee scream, saw the accused and threw a stainless steel preparation tray towards the accused. In response, the accused left the store.

All of the activity in the store was recorded on a security video camera. [ 7 ] The second incident, again recorded by video, saw the accused enter a wine and beer store attached to a pub. The accused was armed with the same shotgun and demanded money and eventually a bottle of alcohol. He was given money, including marked bills where the serial numbers had been recorded, and a bottle of whisky.

The bills were found, as was the bottle of liquor, when the vehicle driven by the accused was stopped a short time later by police after the dangerous driving had occurred. [ 8 ] Crown counsel seeks a sentence in the range of seven to nine years on a global basis. Mr. Patey for Mr. Hall seeks a global sentence of six years. Both counsel have provided books of cases to me which I have reviewed in the time available with some care. [ 9 ] It should be remembered in this case that Count 1, the charge of using a restricted or prohibited firearm to commit a robbery, has a five-year minimum sentence.

The attempt in Count 8 for a like offence would carry a sentence half as long. [ 10 ] The accused has taken advantage of a grief counselling program while in custody. It is called the Grief Recovery Outreach Program. He has received a certificate of excellence for his involvement in that program. He has also received a certificate indicating that he successfully attended and completed the CORE program known as Substance Abuse Management (SAM). [ 11 ] Counsel submitted that some of the in-custody times, the pre-trial custody spent by Mr.

Hall was in lockdown circumstances where he remained in his cell for all but a short period of time each day, some of which lockdown time had nothing to do with misconduct by the accused. Counsel submitted that some credit should be given for the adverse conditions in which the accused was held in these circumstances. Counsel does not seek a double time award, but suggests that some further credit should be given. The accused has 15 months of actual what I will describe as dead time. [ 12 ] It should be noted in this case that there is hope. Mr.

Hall has very strong family support, particularly the insights which his sister shared that I have referred to above in the letter which she filed in the court, and she has also been instrumental in providing Mr. Hall with some insight into the offences which he has committed and the particular adverse effect on the employee at the wine and beer store, who has, found because of her anxiety over continuing working in that circumstances, left her employment and had to change her lifestyle.

She continues to deal with anxiety and it is reflected in the pre-sentence report that has been filed. [ 13 ] Having reviewed these matters and the request for additional credit, I have decided that Mr. Hall will receive 18 months credit for pre-trial custody. [ 14 ] Having reviewed the provisions of s. 718 , 718.1 and 718.2 of the Criminal Code , together with the very careful submissions which I have heard from counsel and the cases that have been cited herein, I sentence Mr.

Hall as follows, and all of these are concurrent: On Count 1 there will be a sentence of seven years; on Count 2, one year; Count 3, one year; Count 4, three years; Count 5, three years; Count 6, one year; Count 8, two-and-a-half years; Count, 9 two years; Count 10, two years; and Count 11, two years. [ 15 ] Although counsel made a brief address concerning Kienapple and the effect of Kienapple on this case, as I heard his submissions there was no practical effect to the application of Kienapple in these circumstances.

I have determined not to make any specific findings in regards to Kienapple given the short time I have had available to make this decision. As a result, taken globally, Mr. Hall will then serve five years and six months starting today. [ 16 ] I recommend to the Corrections authority a suggestion that Mr.

Hall be given immediate access to further substance abuse and lifestyle counselling programs that may be of assistance to him as he moves through the federal system in order that when he leaves the system he will be able to have full advantage of those programs and be in a position to move ahead with his life in a positive way. [ 17 ] THE COURT: There will be a lifetime firearms ban. [ 18 ] MR. BEIRNE: And although I am sure he has provided a DNA sample this would be mandatory also. [ 19 ] THE COURT: There will be a DNA order. [ 20 ] MR.

BEIRNE: There is an outstanding Information but it's only -- it's a duplicitous Information and it is, Madam Registrar,

number 185483, possession of a firearm contrary to an order, and the Crown is directing the clerk of the court to enter a stay of proceedings. [ 21 ] THE COURT: Thank you. [ 22 ] MR. PATEY: Thank my friend for that. I will ask Your Honour to waive the victim fine surcharge. [ 23 ] THE COURT: Of course, yes. [ 24 ] MR. PATEY: And I guess the credit for time served should apply to Count 1 then, Your Honour? [ 25 ] THE COURT: It will, yes. (REASONS FOR SENTENCE CONCLUDED)