R. v. Skakun Date:, 2011 BCPC 108
Opinion
Citation: R. v. Skakun Date: 20110524 2011 BCPC 0108 File No: 30095-1 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. BRIAN SKAKUN ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE K. BALL (appearing via videoconference) Counsel for the Crown: J. Doulis Counsel for the Defendant: J. Duncan Place of Hearing: Prince George , B.C.
Date of Judgment: May 24, 2011 [ 1 ] THE COURT: The principles of sentence include deterrence, both general and specific, protection of the public, rehabilitation of the accused and to promote a sense of responsibility in offenders and for harm done to the community. These principles are all set out in the provisions of the Criminal Code in sections 718 and following, which are applicable here. We are all well familiar with them. [ 2 ] The circumstances of this case under provincial statute, where the only penalty available after conviction is a fine of up to $2,000.
As both counsel have said, there is no precedent, because this is the first time that a charge of this kind has been brought to this Court. [ 3 ] In this case it was obviously a serious matter. The disclosure in this report had serious effect, not only on the management of the City of Prince George, but on the effect it had on individuals, including those that counsel have mentioned, that caused them some significant harm. [ 4 ] Mr. Skakun has expressed the view that he thought what he did was right.
He might reflect on that, now realizing that there are statutes that provide for civil behaviour, his behaviour was well outside of that permitted by the Act .
[ 5 ] In all of the circumstances of this case, I am satisfied that a fine of $750 is appropriate. There is a surcharge which also applies. [ 6 ] What about time to pay the fine, Mr. Duncan? [ 7 ] MR. DUNCAN: I was just going to suggest three months. [ 8 ] THE COURT: Mr. Skakun may have three months to pay his fine. [ 9 ] Mr. Duncan, I will ask you to escort Mr. Skakun to the registry, so that he can sign the promise to pay form before he leaves the court. [ 10 ] MR. DUNCAN: Of course, Your Honour. [ 11 ] THE COURT: I thank counsel. (REASONS CONCLUDED)
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