R. v. Ivany Date:, 2012 BCPC 426

Citation: R. v. Ivany Date: 20121030 2012 BCPC 0426 File No: 32160-1, 32160-2-A, 32160-3-A, 32160-4-A, 32160-5-a Registry: Williams Lake File No: 36601-2-C Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. CHRISTINE TRISHA IVANY REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. J. O'BYRNE Counsel for the Crown: M. L. Ahrens Counsel for the Defendant: A. P. Kaiser Place of Hearing: Prince George , B.C. Date of Judgment: October 30, 2012

[ 1 ] THE COURT: Christine Trisha Ivany appears before the court in custody and enters pleas of guilty after electing trial in the Provincial Court to two Informations which allege counts relating to robberies or attempted robberies. First, there is Information 36601- 2-C, which alleges events of the 22nd day of September here in Prince George. Then there is Information 32160, which alleges events of the 5th day of May 2012 in Williams Lake. Additional to that are four Informations.

They are 32160-2-A, which alleges a breach of a curfew, breach of her bail terms, on the 13th of June; and 3-A, there is also a breach of curfew; 4-A, which is a breach of curfew - these are all in Williams Lake - that was the 14th of August; and 5-A, again a breach of curfew. Obviously, what happened was, she was released on bail after the Williams Lake matters in May and encountered breaches, and then ended up in Prince George on the 22nd day of September. [ 2 ] The events as I am told them by counsel start off in Williams Lake in or about May 2012 where Ms.

Ivany, in the company of another individual, goes into the Petro-Can on Oliver Street in Williams Lake and then they attempt to rob it, or they do rob it. They take some money, and their faces are masked, and as well, she pleads guilty to escaping lawful custody and obstructing a police officer, but they are all one event. [ 3 ] The four breaches of bail I have already mentioned. Then the 22nd day of September here in Prince George, the facts alleged are that Ms. Ivany, on her own with her face masked by a homemade balaclava, with a knife, goes into the Carmel Hotel and obtains money from the clerk.

She then goes to the Achillion Greek Restaurant and attempts to rob one of the waitresses there. Lastly, she attempts to rob a business. The business was Solutions for You. She is found walking on Quebec Street, and then she has the balaclava and the knife, and those support the charges. [ 4 ] She has a criminal record, but it is a youth record, and the youth record finishes in the fall of 2008. She has no adult record. I am told she has a four-year-old son. She is aged 22. She is one of those people, as Mr. Kaiser has described, who was in the foster home cycle, that is, going from foster home to foster home.

I think Mr.

Kaiser has typified the individuals we often see coming out of those as people who have hardened themselves against that cycle because they want to insulate themselves from the pain it causes. [ 5 ] I am told that her child, now aged 4, was apprehended from her, and that is, in part, why she spiraled down and got into drugs and alcohol and committed these offences. [ 6 ] She has, as counsel pointed out, entered a guilty plea at the first reasonable opportunity, certainly as it relates to the Prince George charges, and the other charges as well as they were collected together and as counsel was instructed to proceed. [ 7 ] The sentence proposed is a joint submission by counsel.

Joint submissions are often before this court by way of sentencing as it allows some certainty in the sentencing procedure for counsel and for the accused. It allows the courts to implement careful and thought-out, considered opinions and negotiated positions such that charges are dealt with in a timely fashion and fairly to the accused and to the public at large.

Judges of this court are directed by the Court of Appeal to implement joint submissions until and unless we tell counsel we are not going to and we give them a chance to convince us otherwise. [ 8 ] This is one of the few times when I can say the joint submission is one I heartily endorse. It addresses the issues that I must take into account. [ 9 ] First off, we have to deal with specific deterrence, and the sentence as proposed of a year in jail concurrent does just that. [ 10 ] Next, we have to deal with your specific deterrence.

Do not do it again. [ 11 ] THE ACCUSED: I will not. [ 12 ] THE COURT: This is what we had in mind. Okay. Those two are done. [ 13 ] Next, I must consider the protection of the public. Robbing somebody at knifepoint is a terrifying experience, and as a retail clerk with Safeway, it happened to me. That is why I know. So it is something that you have to keep in mind. So I will protect the public by incarcerating you. [ 14 ] Last, rehabilitation. You are young. You are a first-offender adult. You have got everything in front of you and we have every reason to encourage you. [ 15 ] All right.

That being said, now, Mr. Kaiser, the one month of time spent in pre-trial custody, is that already taken into consideration in the one year, or am I to take off a month of the year? Did you two discuss that? [ 16 ] MS. AHRENS: We didn't discuss that -- [ 17 ] MR. KAISER: We didn't discuss it -- [ 18 ] MS. AHRENS: -- Your Honour. [ 19 ] MR. KAISER: -- Your Honour. [ 20 ] MS. AHRENS: Having heard the fuller account of her background, I am prepared to give her credit for the month that she spent, so one month time served and 11 months to go. [ 21 ] THE COURT: Eleven months new time. [ 22 ] MS. AHRENS: Yes.

[ 23 ] MR. KAISER: That makes sense, Your Honour. [ 24 ] THE COURT: All right. Madam Registrar, we will start with the Williams Lake file, that is, 32160, the four-count. The sentence will be as follows. On Count 1, taking into account time served of one month, there will be 11 months new time. That will be concurrent to any other sentence being served. In fact, everything here is concurrent unless I tell you differently. Count 2, that is having her face masked, there will be nine months concurrent. Count 3, escaping lawful custody, one month concurrent. Obstruction, Count 4, it will be one month concurrent.

Waive the victim fine surcharge. [ 25 ] Turning now to the Prince George charge, 36601-2-C, the Crown has proceeded by way of indictment. There are pleas to Counts 1, 2, 3, 4, and 8. Count 1 is the robbery of Hannah Gordy. That is at the Carmel Hotel. There will be a sentence of 11 months new time concurrent. Count 2 is an attempt to rob Cathy Palmer, nine months concurrent. Count 3 is attempt to rob Cynthia Golden, nine months concurrent. Having her face masked, nine months concurrent. Count 8, which is the breach of the term of carrying a weapon, 14 days concurrent.

Waive the victim fine surcharge. [ 26 ] Now, dealing with the A Informations. 32160-2-A is the first one. That is the 13th of June 2012 breach of curfew. To implement the arrangement as set out between counsel, on the A2 there will be a sentence of 14 days concurrent. A3, Count 1, that is, 32160-3-A, Count 1, which is the 1st of August breach of curfew, 21 days concurrent. Waive the victim fine surcharge. 32160-4-A, one-count information 18th of August breach of curfew, there will be a sentence of 21 days concurrent. Waive the victim fine surcharge.

Then as to the A5 information, which is the 24th day of August 2012 breach of curfew, on Count 1 there will be a sentence of 30 days concurrent. Waive the victim fine surcharge. [ 27 ] Following your term in jail, you will be on probation for two years thereafter. The probation will have the statutory terms. 100P: You will keep the peace and be of good behaviour. [ 28 ] THE CLERK: Excuse me, Your Honour. Which file would probation be on? [ 29 ] THE COURT: Do you want it on both the robberies? [ 30 ] MS. AHRENS: Yes, please. [ 31 ] THE COURT: Okay. The probation, Madam Registrar, will be on 36601-2-C and 32160-1.

All right. Thank you. [ 32 ] 100P. You will keep the peace and be of good behaviour. Appear before the court when required to do so by the court. You will notify the court or probation officer in advance of any change in name or address and promptly notify the court or probation officer of any change of employment or occupation. [ 33 ] 102P. Within 72 hours after completing your jail sentence, you shall report in person to the probation office nearest your place of release from custody, and after that you will report as and when directed by the probation officer. [ 34 ] 105P.

When you first report to the probation officer, you shall inform them of your present residential address and phone number and not change your address or phone number at any time without first providing written notice to your probation officer. [ 35 ] MS. AHRENS: Excuse me, Your Honour. I had asked for prior written permission. [ 36 ] THE COURT: Oh. Change that to 106. Thank you, Ms. Ahrens. It is 106, Madam Registrar.

When you first report to the probation officer, you shall inform them of your present residential address and phone number and not change your address or phone number at any time without first obtaining the written consent of the probation officer. [ 37 ] I think the only other term you wanted was counselling; am I right, Ms. Ahrens? [ 38 ] MS. AHRENS: Yes, counselling including a residential aspect. [ 39 ] THE COURT: Okay. 142P. You shall attend, participate in, and successfully complete any assessment, counselling, or program as directed by the probation officer.

Without limiting the general nature of this condition, such assessment, counselling, or program may include and be related to such full-time attendance program as may be directed by the probation officer, and you shall comply with all rules and regulations of any such assessment, counselling, or program. [ 40 ] As well, this is 161, I will make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances by any peace officer for the purposes of inclusion in the DNA databank. [ 41 ] 165.

You are prohibited from possessing any firearm, crossbow, restricted weapon, prohibited weapon, prohibited device, ammunition, prohibited ammunition, and explosive substances for life. [ 42 ] Have I missed anything, Counsel? [ 43 ] MS. AHRENS: No, Your Honour, except that I am content the victim fine surcharge be waived on this matter as well. [ 44 ] THE COURT: Thank you. It will be waived. Now, as to the outstanding counts on the various Informations, Ms. Ahrens? [ 45 ] MS. AHRENS: I will recite them carefully, Your Honour. On Information 36601, we are to stay Counts 5, 6, 7, 9, and 10.

Madam Clerk can tell me when that's been done. [ 46 ] THE CLERK: Thank you. [ 47 ] MS. AHRENS: Then on the A2 under the Williams Lake lead file, there is nothing to be done. That was a single-count

Information. On the A3, we are staying Counts 2 and 3. A4 was a single-count Information. On A5, we are staying Count 2. [ 48 ] THE COURT: Good luck, ma'am. [ 49 ] THE ACCUSED: Thank you. (REASONS CONCLUDED)