R. v. Johal Date:, 2014 BCPC 402

Citation: R. v. Johal Date: 20140331 2014 BCPC 0402 File No: 189165-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. SIKANDER SINGH JOHAL ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. R. GARDNER Counsel for the Crown: A. Ip Counsel for the Defendant: J. Guild Place of Hearing: Surrey , B.C. Dates of Hearing: Mar. 6, 7, June 21, Oct. 28, Nov. 29; 2013; Mar 5, 24, 2014 Date of Judgment: March 31, 2014

[ 1 ] THE COURT : This matter is now three years old and, as I understand it, he was involved in a couple of auto accidents immediately prior to this incident and he was injured and he is still feeling the effects of those injuries even today. He is in chronic pain, as set out in the medical report, and this will be filed as the next exhibit. [ 2 ] Through no fault of his own, as I said, this matter is three years old. I also think it is a mitigating factor, the fact that he went through a strip search, not only at the RCMP detachment but he was also transported to a hospital to be examined by a doctor.

As I said, I did not find that that warranted a stay of proceedings but I do have to acknowledge it as a mitigating circumstance. [ 3 ] This is a transaction for a hundred dollars' worth of crack cocaine. The accused has been refreshingly frank in admitting his involvement in this matter and he has described cocaine as being toxic. I might add that it is also highly addictive and he also is aware that, on occasion, an overdose can kill someone. I think I should also point out that roughly half the people, from what I have read, who experiment with cocaine, end up becoming addicted and, as Mr.

Johal has mentioned, the people that are addicted to cocaine spend all their money supporting their habit.

The problem is they are not capable of holding down a full-time job so to make up for the financial shortfall, they often times engage in crimes and, in this instance, he became involved in the trafficking himself, I take it to make money in order to pay for cocaine. [ 4 ] In all of the circumstances, I can understand the Crown seeking incarceration for this type of offence but, given the mitigating circumstances I have spoken of, I will impose a conditional sentence for a period of 12 months. [ 5 ] The conditions are the statutory conditions. [ 6 ] You are to report to a supervisor here in Surrey by 4:00 p.m. today and thereafter as and when directed. [ 7 ] You shall report to or attend to court when required to do so. [ 8 ] You will also inform your supervisor of your residential address and telephone number and not change that address or telephone number without prior written approval of your supervisor. [ 9 ] You shall not possess or consume any alcohol or non-prescribed drugs.

You are old enough to drink, Mr. Johal, but I am placing that condition on you because you are serving your sentence in the community. The inmates are not allowed to consume alcohol and neither are you. [ 10 ] I will also place you on a curfew.

You shall obey a curfew by being inside of your residence between the hours of 8:00 p.m. and 6:00 a.m. daily, subject to the following exceptions: with the written permission of your supervisor to be outside of your residence in which case you are to carry a copy of such written permission on your person and present it to your supervisor or any peace officer who requests to see it.

Such permission is to be given only for compelling personal, family or employment reasons. [ 11 ] You shall present yourself to the door to your residence to any peace officer or bail supervisor who attends for the purpose of determining your compliance with the curfew condition of this order. [ 12 ] You shall perform and successfully complete 24 hours of community work service, which shall be completed not later than December 31st of this year. [ 13 ] Also, under the provisions of the Code , it is ten years firearm -- [ 14 ] MR.

IP: [Indiscernible – rapid speech] ten years in a secondary designated DNA offence. [ 15 ] THE COURT: Well, he has no history of violence. I am not going to order a DNA sample be taken. [ 16 ] You shall not possess any firearms, ammunition or explosives for a period of ten years. (REASONS FOR SENTENCE CONCLUDED)