R. v. Fredrickson Date:, 2011 BCPC 361

Citation: R. v. Fredrickson Date: 20111012 2011 BCPC 0361 File No: 186006-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RICKY FREDRICKSON ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D.R. GARDNER Counsel for the Crown: P. Barclay Counsel for the Defendant: C. Corriveau Place of Hearing: Surrey , B.C. Date of Hearing: October 11, 2011 Date of Judgment: October 12, 2011 [ 1 ] THE COURT : The accused has been found guilty of robbery with a weapon. [ 2 ] I gave my reasons for judgment earlier today and I will summarize them briefly.

He robbed a young man in his 20s, at knifepoint, of $45 in cash, but more significantly, a cell phone with a value of roughly $500, which was never recovered. [ 3 ] The accused is now 34 years of age. Obviously he is too young for the courts to give up on him. He has made efforts to rehabilitate himself while serving a federal sentence. [ 4 ] He previously was involved in a common-law relationship, with two children that were taken into care.

The children were removed in 2007, although happily, I suppose, they are now residing with their grandparents. [ 5 ] I acknowledge the difficult upbringing that the accused had. His father died before he was born, his mother was only 16 at the time of his birth. He did not have the advantages that a lot of young children have in our community. I do not expect him to be a model citizen, but I do expect him not to rob people at knifepoint. [ 6 ] He has made efforts to rehabilitate himself while in prison. He is now chairman of the NA and AA Committee. He has received positive reports from prison staff.

He is respectful to the staff and to other inmates and he does have prospects for rehabilitation because he has admitted his very serious problem with narcotics and wants to make a better life for himself.

[ 7 ] Against that, I have to consider the protection of the public and specific and general deterrence. [ 8 ] It is difficult, if not impossible, to overlook his 49 previous convictions. Eighteen are property related, three of them involve violence or weapons, and this is a crime that normally attracts a federal sentence. I think the Crown is certainly being generous in suggesting a range of two to four years.

His counsel has asked the court to consider an 18-month sentence, which I do not think is appropriate, given your very significant criminal record. [ 9 ] Considering the relevant case law, the circumstances of this case, the personal circumstances of Mr.

Fredrickson and the submissions of counsel, I have concluded that an appropriate sentence for this matter is two years, consecutive to any sentence he is now serving. [ 10 ] I am also going to, under s. 109, prohibit him from possessing any firearm, crossbow, prohibited weapon, restricted weapon, imitation weapon, prohibited device, ammunition, prohibited ammunition, explosive substance and any related authorizations, licences and registration certificates for life. [ 11 ] I am also going to order that he provide a DNA sample. [ 12 ] For the record, I waive the victim fine surcharge. (REASONS FOR SENTENCE CONCLUDED)