R. v. Timms Date:, 2012 BCPC 424

Citation: R. v. Timms Date: 20121113 2012 BCPC 0424 File No: 3209-1,3211-1 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA File No: 3209-1 REGINA v. KOHL ANTHONY TIMMS File No: 3211-1 REGINA v. KOHL TIMMS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. J. O'BYRNE

Crown Counsel appearing by teleconference: A. G. Varesi Defence Counsel: B. Gilson, Q.C. Place of Hearing: Prince George , B.C. Date of Judgment: November 13, 2012 [ 1 ] THE COURT: Kohl Timms appears before the court and enters pleas of guilty to, first of all, Count 2 on Information 3209, which alleges possession of a controlled substance, to wit: Cannabis (marihuana), for the purpose of trafficking on 25 March 2010 at or near Dome Creek, in the Province of British Columbia. The facts there show that as a result of a search warrant, police went into a residence in Dome Creek which was later associated to Mr.

Timms, and in that residence they found a total of 1,335 marihuana plants growing in various stages, although only half of it would have been productive, it is indicated. [ 2 ] The police continued their investigation in that matter, and on or about August 3, 2011, after the information was sworn June 23, 2011, relating to the events of March 2010, they attended to the residence of Mr. Timms at or near Dome Creek to serve him with a summons. At that time, Mr. Timms invited the officers into the residence where he was staying, and the officers detected a smell of growing marihuana.

They got a search warrant, and they found in that residence a total of 804 plants. That is, to say the least, an aggravating circumstance because he has already been busted the first time and now he is again doing it. [ 3 ] To further aggravate matters, he has a prior conviction of April 6, 2009, in Salmon Arm, for possession for the purpose of trafficking where he received a nine-month conditional sentence order. [ 4 ] The Crown and defence present the court with a joint submission which calls for me to sentence Mr. Timms, a young man in his mid-twenties, to a federal penitentiary.

It is appropriate, and it is certainly within the range. It is probably appealable if I did not. So I will implement the joint submission as it is presented to me. [ 5 ] On Information 3209, Count 2, there will be a sentence of 14 months' jail, and on Information 3211, Count 2, there will be a sentence of 16 months consecutive, so the new time jail is 30 months.

I will, for what it is worth, recommend that if at all possible, he serve his time in an institution which has trades skills training. [ 6 ] I will, as I have already said, direct that the major incident exhibit flow chart items the Crown wishes to have forfeit will be so forfeit, and the Crown will draw an order, and Mr. Gilson, you will approve it. [ 7 ] I waive the victim fine surcharge on both. [ 8 ] On both of the matters, there will be a s. 109 firearms prohibition.

Madam Registrar, just for your benefit, 165: You are prohibited from possessing any firearm, crossbow, restricted weapon, prohibited weapon, prohibited device, ammunition, prohibited ammunition, and explosive substances for life. [ 9 ] As well, as it is a secondary designated DNA offence, I will make an order authorizing the taking of such samples of bodily substances by any peace officer for the purposes of inclusion in the DNA databank. Can that be accomplished by Friday, Madam Sheriff? Is that done here in the building now? [ 10 ] MADAM SHERIFF: Yes, it can be, Your Honour. [ 11 ] THE COURT: All right.

By Friday, whatever the date Friday is. [ 12 ] Have I missed anything, Counsel? [ 13 ] MR. VARESI: Not from the Crown's perspective, Your Honour. I will simply direct a stay of proceedings on all remaining counts on both informations. [ 14 ] THE COURT: All right. Mr. Gilson, anything from your viewpoint? [ 15 ] MR. GILSON: No, I think it's all complete. Thank you, Your Honour. [ 16 ] THE COURT: All right. (REASONS CONCLUDED)