R. v. Anderson, 2011 BCPC 521

Citation: R. v. Anderson 2011 BCPC 521 Date: 20110217 File No: 19816-1 Registry: Rossland IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JOEL AARON ANDERSON ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. SPERRY Counsel for the Crown: Mr. Hugh McSheffrey, Q.C. Counsel for the Defendant: Mr. Kenneth Wyllie Place of Hearing: Rossland , B.C. Date of Judgment: February 17, 2011 [ 1 ] THE COURT: On Information 19816, and none of this is really intended as punishment. [ 2 ] THE ACCUSED: Pardon me? [ 3 ] THE COURT: None of this is intended as punishment, except the community work service. Community work service is to

remind you that it does not matter what kind of shape your head is in, you cannot scare people like that. You have just - you know you - [ 4 ] THE ACCUSED: It wasn't great. [ 5 ] THE COURT: Yes, you terrified this kid. I mean, you are a big boy and you terrified her. [ 6 ] So I am going to suspend the passing of sentence and place you on probation for nine months.

The terms of the probation are: you are to keep the peace and be of good behaviour; you will report forthwith to and be under the supervision of a probation officer; you will obey all that probation officer's lawful instructions; you will report thereafter as directed by your probation officer. [ 7 ] You will attend for, participate in and complete to the satisfaction of the facilitator, such anger management counselling as may be directed for you by your probation officer. [ 8 ] You will, during the first six months of the probation period, donate 30 hours of your work in services to the community work service project.

I have to tell you that my rule of thumb is that for every hour of community work service not done, as ordered, is a day in jail. Is that fair? [ 9 ] THE ACCUSED: That's fair. [ 10 ] THE COURT: All right, community work service to be performed during the first six months of the probation order. [ 11 ] In addition, you will not enter the Subway Store in either Trail or Rossland. [ 12 ] THE ACCUSED: Or Rossland? [ 13 ] THE COURT: Or Rossland. [ 14 ] MR.

MCSHEFFREY: Would you consider a letter of apology through the probation office? [ 15 ] THE COURT: Yes, I think I will, because it strikes me that Joel is an articulate young man and he can write a letter of apology. I get some kids that cannot, do you know that? They do not write, do not know how to read. [ 16 ] No-go Subway, Trail or Rossland, and have no contact, direct or indirect communication, with Kimberly Diane O'Kane, save and except that you will, during the next 21 days, write a letter of apology to her in a form satisfactory to your probation officer, who will arrange for the delivery of that letter.

Okay? [ 17 ] THE ACCUSED: All right. [ 18 ] UNIDENTIFIED SPEAKER: Thanks, Your Honour. [ 19 ] MR. WYLLIE: Thank you. [ 20 ] THE COURT: Okay. I do not think I will see you again. If he stays clean I do not think I will see him again, you are ok. [ 21 ] And no victim impact surcharge. (REASONS CONCLUDED)