R. v. Pouliot Date:, 2011 BCPC 404

Citation: R. v. Pouliot Date: 20111215 2011 BCPC 0404 File No: 190387-2C Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JOSEPH KRISTIAN POULIOT REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. R. GARDNER Counsel for the Crown: J. Lopes Counsel for the Defendant: E. Warren Place of Hearing: Surrey , B.C. Date of Hearing: December 6, 2011 Date of Judgment: December 15, 2011 [ 1 ] THE COURT : Mr. Pouliot has pled guilty to ten separate robberies, nine of them being financial institutions, one of them being of a taxi driver.

The most aggravating facts involve the theft from the taxi driver where he pressed the knife up against the ribs of the cab driver, demanding money, and then pepper-sprayed the cab driver. That resulted in him fleeing with all of $25 on his person. He has also pled guilty to nine separate robberies of financial institutions. [ 2 ] As counsel has pointed out, none of these involved weapons but each of them involved notes demanding money. There was an implied threat in those notes. Curiously, he retained those notes and they were recovered during his arrest. [ 3 ] Not very well thought-out robberies.

Many of them involved bait money. None of them, considering they were financial institutions, involved a great deal of money, but it is not just the issue of the money or the amount of the money, it is the implied threat that goes along with a robbery. [ 4 ] He has worked and was making a pretty good salary prior to falling into the grips of Oxycontin, and he has acknowledged that his life was in a serious downward spiral at the time that he committed these robberies simply to get his next fix.

It is sad to see young people become so heavily addicted to narcotics that they resort to this type of behaviour simply to support their drug habit. [ 5 ] Everyone acknowledges that he is going to be incarcerated; obviously these types of offences call for a federal sentence. Now, it

may be some people think it is glamorous for someone to rob banks, we all know they make enough movies about that, but you are not really robbing a bank, sir, you are robbing a young teller who is probably scared out of her wits. These institutions can withstand these two, $300 setbacks, but as set out in the victim impact statements, obviously it is very traumatic for the people that you were dealing with.

Understandably they are taught not to argue, to simply give you the money, but it is obviously very traumatic to them. [ 6 ] I take into account that you are only 25 years of age, that you essentially have no previous criminal record, and you are an uncle for the first time, sir.

Regrettably, you are going to miss some very important milestones in your nephew's development; you are not going to be there for his first couple of birthdays, you are not going to be able to hold him when he is still a baby. [ 7 ] In the circumstances, sir, taking into account your personal circumstances, also I have directed my mind to s. 718 of the Code for the sentencing principles, and as stated by our Court of Appeal in the case referred to by counsel in R. v.

Thompson , the sentencing range for young men for robberies involving violence is two to nine years, and the court in Thompson referred the court must consider your age, your previous criminal experience, the level of violence, the number of offences, the level of premeditation, whether the perpetrator was disguised or not, the type of weapon used and how it was used, the possibility of rehabilitation and the requirement of deterrence in a particular community.

I am hopeful that because of your early guilty pleas that there is a very distinct possibility of your successful rehabilitation. [ 8 ] I also take into account that you have served 80 days already awaiting sentence. I gather you would have preferred to enter a plea at the earliest date possible, and that is not a criticism of anyone. It takes time for these things to be done. I do agree with your counsel that 80 days should be treated as 120 days, a period of four months.

I say that because while you have been in remand you have accumulated no parole time whatsoever. [ 9 ] So on each of these matters, sir, I will impose a sentence of three years and six months in addition to the time served, which I think is now at four months.

They will all run concurrent, one to the other. [ 10 ] Also, under s. 109 of the Criminal Code I am prohibiting you from possessing any firearms, crossbow, prohibited weapon, restricted weapon, imitation weapon, prohibited device, ammunition, prohibited ammunition, explosive substance for life. [ 11 ] I am also going to order that you provide a DNA sample for inclusion into the National DNA Databank. [ 12 ] I will waive the victim fine surcharge. Thank you. [ 13 ] MR. WARREN: Thank you. [ 14 ] MS. LOPES. Crown directs a stay of proceedings on the outstanding counts on the indictment. [ 15 ] MR.

WARREN: Your Honour said three years and six months. [ 16 ] THE COURT: Yes. [ 17 ] MR. WARREN: That's 42 months. (REASONS FOR SENTENCE CONCLUDED)