R. v. Bowley Date:, 2012 BCPC 425

Citation: R. v. Bowley Date: 20121108 2012 BCPC 0425 File No: 30868-2-C, 30883-1 Registry: Dawson Creek File No: 36592-1 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JESSE VICTOR BOWLEY REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. J. O'BYRNE Counsel for the Crown: T. G. Bauman Counsel for the Defendant: R. J. Climie Place of Hearing: Prince George , B.C. Date of Judgment: November 8, 2012

[ 1 ] THE COURT: Jesse Victor Bowley appears before the court on two matters arising out of Dawson Creek and one out of Prince George. They relate to the time frame of August 2011 through to and including September 24, 2012. The first is an information, 30868-2-C, where he has entered a plea of guilty to committing extortion from D. P. The circumstances support the fact he was trying to obtain $10,000 by way of this extortion. The Crown says the appropriate penalty in this case is a sentence of two years.

I will deal with the sentences globally at the end. [ 2 ] On Count 2 of Information 30883, he is operating a motor vehicle in Dawson Creek on September 19, 2011. The vehicle is without insurance. He is stopped, checked, and he is found to be prohibited. His record shows that he has previous convictions for this, and the Crown seeks 60 days. [ 3 ] The last matter relates to September 24, 2012, here in Prince George where he is seen leaving the Overwaitea store with a buggy full of groceries and then departing in a truck that is subsequently found. The truck, when found, is discovered to be stolen.

That leads to the plea of guilty on Count 1 on Information 36592 of theft under and Count 2 of theft over of the truck. [ 4 ] I take this to be by way of a joint submission, and accordingly, I will take into account the fact that you have spent 45 days' pre- trial custody. I will credit you with 45 days' pre-trial custody, so the sentences will be as follows. [ 5 ] On Count 1 of 30868-2-C, the extortion, there will be a sentence of two years. Waive the victim fine surcharge. [ 6 ] On 30883, Count 2, the appropriate sentence would have been 60 days.

I am going to credit you with 45 days' time served there, so therefore, what I will do is sentence you to 15 new days consecutive. [ 7 ] On Count 1 on Information 36592, the theft under, there will be a sentence of 30 days concurrent to any other sentence being served, and on Count 4, there will be a sentence of four months consecutive to any other sentence being served, so the net result is 24 months plus 15 days plus four months. The 15 days is consecutive. The four months is consecutive. So 28 1/2 new months. [ 8 ] THE CLERK: Your Honour, could you repeat Count 4, please? [ 9 ] THE COURT: Certainly.

Count 4, I do not have a Count 4. You mean the four months? [ 10 ] THE CLERK: Yes, repeat the jail term on -- [ 11 ] THE COURT: The jail term on Count 2 of Information 36592 is four months consecutive to any other sentence being served. [ 12 ] THE CLERK: Okay. [ 13 ] THE COURT: I will direct that you provide such samples of your DNA as are necessary for inclusion in the DNA databank pursuant to

Part XV of the Criminal Code . [ 14 ] Mr. Bauman, what did you find out about the firearms? [ 15 ] MR. BAUMAN: Extortion carries a maximum of life, so it's 109. [ 16 ] THE COURT: 109? Okay. Madam Registrar, I will use the wording in 165. You are prohibited from possessing any firearm, crossbow, restricted weapon, prohibited weapon, prohibited device, ammunition, prohibited ammunition, and explosive substances for life. [ 17 ] Anything else, Counsel, as to the balance of the counts? [ 18 ] MR. BAUMAN: The balance of the counts, a stay of proceedings, Your Honour.

That would be Count 2 on 30868, Counts 1 and 3 on 30883, and Counts 3 and 4 on 36592. [ 19 ] THE COURT: I will waive the victim fine surcharge on all of the informations. Thank you, Mr. Climie. [ 20 ] MR. CLIMIE: Thank you, Your Honour. (REASONS CONCLUDED)