R. v. Leppington Date:, 2016 BCPC 349

Citation: R. v. Leppington Date: 20160822 2016 BCPC 349 File No: 217998-1, 217199-1, 217199-2-C, 217199-3-A Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Criminal REGINA v. MARK EDWARD LEPPINGTON ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. GAFFAR Counsel for the Crown: B. Lane Counsel for the Defendant: J. Henry

Place of Hearing: Surrey , B.C. Date of Hearing: August 22, 2016 Date of Judgment: August 22, 2016 [ 1 ] Mr. Leppington, I have heard significant submissions by both Crown counsel and Mr. Henry on your behalf. Of course, I have to apply the principles of sentencing under s. 718 through 718.2 of the Criminal Code , and in your particular circumstances, after receiving this information, I have to place the highest emphasis on denunciation as well as deterrence.

And deterrence for you is linked directly to your rehabilitation. [ 2 ] I also have to place a great deal of weight on general deterrence with regards to these particular matters. [ 3 ] I have to consider the aggravating nature of your criminal record, which includes breaches of court orders as well as similar type offences. In 2012, you were convicted of possession of break-in instruments.

In 2012 as well, theft of motor vehicle, as well as dangerous operation of a motor vehicle. [ 4 ] So, these are not your first offences in this particular area. [ 5 ] In all of the circumstances, I consider as a highly aggravating factor that requires the strongest denunciation, the manner in which you were driving and the fact that you placed the security and safety of the public at great risk, not once, but on two occasions.

I also make note, as I have indicated, with regards to your criminal record. [ 6 ] As mitigating factors, I consider your guilty pleas, which are significant mitigating factors, you saved the court a great number of resources. It is also, in some form, an acceptance of responsibility. I accept your counsel's submissions to me that you are remorseful for what has occurred and why you were taking responsibility.

I accept that you have a health issue, and that is a drug addiction that started when you were very young, and that you are seeking help for that. [ 7 ] You are of a relatively youthful age and I take that into consideration as well as a mitigating circumstance. And you have community support by a young woman who has remained here all day waiting for your matter to be called, and for that we thank her and apologize for the long wait. [ 8 ] But in all of the circumstances, it is a joint submission between senior counsel. I accept the joint submission.

You will be sentenced as follows. [ 9 ] With regards to Information 217199-2C, on each count you are sentenced to two years, plus one day concurrent with each other. You are also to receive a prohibition from driving pursuant to s. 259 of the Motor Vehicle Act. That will be a two year driving prohibition. Frankly, Mr.

Leppington, had your counsel or the Crown been asking for a longer period of time, I would have imposed it, because the combination of drugs and driving in this particular manner is deadly. [ 10 ] With regards to Information 217199-A3, I sentence you to one day, with the record to reflect 60 days' time served. [ 11 ] With regards to Information 217999-1, with regards to each count, I sentence you to two years, plus one day in custody concurrent to all other sentences. [ 12 ] With regards to Information 217998-1, I sentence you to a $500 fine, which must be paid within one year from the date of your release from custody. [ 13 ] You are also prohibited pursuant to the Motor Vehicle Act , s. 98, from driving for two years.

That is concurrent to your other order for a driving prohibition. So it is not going to be difficult for you to remember, it is two years from the date of release. [ 14 ] MS. LANE: With respect to the substantives, Your Honour, should have made – I'm asking to make an order for DNA, on the dangerous driving offences. [ 15 ] THE COURT: All right. With regards to Information 217999, I am ordering the DNA be taken. I am assuming, Mr. Henry, that you had no submissions on the point? [ 16 ] MR. HENRY: I have no submissions. [ 17 ] THE COURT: Thank you.

Due to the nature of the offence and all of the circumstances that I have received today. [ 18 ] Victim fine surcharges. Mr. Henry, if I was to make the victim fine surcharge payable forthwith, would Mr. Leppington not be able to pay them? [ 19 ] MR. HENRY: He would not be able to pay them. [ 20 ] THE COURT: I, therefore, make the victim fine surcharges payable forthwith. I find Mr. Leppington in default. Accordingly, I sentence him on the applicable counts to one day in jail concurrent with each other for each count and concurrent to all other sentences. [ 21 ] MR. HENRY: Thank you, Your Honour. [ 22 ] MS.

LANE: Stay of proceedings on the outstanding matters. Thank you.

[ 23 ] THE COURT: I am sorry, when you say that, Ms. Lane, are you saying that all of these Information's are being stayed? [ 24 ] MS. LANE: Yes, I am. (REASONS FOR SENTENCE CONCLUDED)