R. v. Daskalov Date:, 2010 BCPC 413

Citation: R. v. Daskalov Date: 20101216 2010 BCPC 0413 File No: 193852-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ROSSEN DIMITROV DASKALOV EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE G. R. RIDEOUT Counsel for the Crown: M. Wiancko Counsel for the Defendant: P. Rankin Place of Hearing: Vancouver , B.C. Date of Judgment: December 16, 2010 [ 1 ] THE COURT: Would you stand up, sir. In similar cases it has been my practice to impose jail sentences. [ 2 ] You are now 40 years of age. You are married; your wife is here today.

You have been on conditions of bail for approximately two years, Ms. Wiancko, both under CBSA and as the court imposed. The authorities reveal that the usual range of sentence is four months. You have essentially served a four-month sentence by way of time served. You have already purchased a ticket to return to Bucharest. The agent of the CBSA, who is here today, is monitoring your circumstances, and that the minimum period that you must remain in all likelihood in Bulgaria would be one year. [ 3 ] Indeed, one of the cases cited by Ms. Wiancko, R. v. Espinel , I do recall that case.

This was out of this courthouse involving a young accused with no record, no use of false documents. Returns to see a child and reunite with the mother of the child. There were some aggravating circumstances in that case, but the sentence that was imposed was equivalent to a three-month sentence, taking into account time served. [ 4 ] Just for discussion purposes, Mr. Rankin, you say a discharge -- are you saying a conditional discharge? What -- [ 5 ] MR. RANKIN: A conditional discharge won't affect the -- won't make it criminal. I mean, won't make it a bar having -- it doesn't have to be an absolute discharge.

I'm urging that it be a short

[ 6 ] THE COURT: Okay. [ 7 ] MR. RANKIN: -- period because -- [ 8 ] THE COURT: Is he -- [ 9 ] MR. RANKIN: -- I think that won't interfere with the removal and will be under -- then we'll have a -- there's a

section under the Act, I believe it's 51, which basically says where you have two conflicting statutes, one is -- one person wants to remove them -- [ 10 ] THE COURT: I just want to know your position -- [ 11 ] MR. RANKIN: Yeah. [ 12 ] THE COURT: -- so it's clear on the record. [ 13 ] MR. RANKIN: Yeah. [ 14 ] THE COURT: Ms. Wiancko for the Crown takes the position that these types of offences require a jail sentence, even if it be nominal.

Defence counsel takes the position that a short probationary period attached to a discharge would meet the principles of sentence in relation to this case and the unique circumstances of this case. [ 15 ] In my view the materials that have been filed establish that this is a unique case and should not be considered by any stretch a precedent, because the usual is a jail sentence, and rightly so. [ 16 ] The task will be for the Immigration officials to determine whether or not Mr. Daskalov meets the criteria for re-entry back into Canada through the usual process.

That may or may not be granted. [ 17 ] There have been no breaches with respect to two conditions of bail under the CBSA and court-ordered release. [ 18 ] Due to the unique circumstances of this case, there will be a discharge on a conditional basis for a period of six months, with the condition being that you keep the peace, be of good behaviour. [ 19 ] The victim fine surcharge under s. 737 of the Criminal Code will apply in the sum of $500, payable by the end of December of 2010 Should that pose a hardship you may apply to a judge of this court to seek relief. (REASONS FOR SENTENCE CONCLUDED)