R. v. Patrick Date:, 2012 BCPC 371

Citation: R. v. Patrick Date: 20120306 2012 BCPC 0371 File No: 34617-1; 31707-1; 31701-S-4 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. EVERETT RILEY PATRICK REASONS FOR SENTENCE OF THE HONOURABLE ASSOCIATE CHIEF JUDGE M. J. BRECKNELL Counsel for the Crown: A. Schroff Counsel for the Defendant: J. Duncan Place of Hearing: Prince George , B.C. Date of Judgment: March 6, 2012 [ 1 ] THE COURT: Sir, I can appreciate that you feel you are making progress, and it appears that you are making progress, and

that on the occasion of May the 12th, 2011, there was some real disagreement between you and the police officer about whether or not you were in breach or not. [ 2 ] But, having said that, the police officer is acting on the best information that he or she has and they felt you were arrestable.

You disagreed, but the disagreement resulted in some altercation with the police that, at the end of it, from what your lawyer said, they were able to subdue you in a fashion that perhaps caused more injury to you than it did to them. [ 3 ] Now, having said that, it still is a criminal offence, and it requires, in my view, a punishment. But I am going to keep with the theme of trying to provide you with a punishment that provides for some positive direction, rather than simply a negative direction. [ 4 ] It is going to be a one-day jail sentence and six months of probation.

But the probation order is going to be structured so that you do not report any more often than you are reporting under your conditional sentence order. So if that is once a week, that is fine; if it is once a year -- you are going to go in at the same time. You do not have to go a separate time, for the probation order. [ 5 ] So -- and if it is -- just wait till I get the terms all sorted out, Sir. [ 6 ] And then, Sir, I am going to give you till August 31st to pay the victim fine surcharge, Madam Clerk. [ 7 ] So the probation order is going for six months.

It is going to be concurrent with the present conditional sentence order. It means it runs at the same time. And I have the following terms and conditions, Sir. [ 8 ] You shall keep the peace and be of good behaviour. [ 9 ] You shall appear before the court when required to do so by the court. [ 10 ] You shall notify the court or the Probation Officer in advance of any change of name, or address, and promptly notify the court or the Probation Officer of any change of employment or occupation. [ 11 ] Number 101P, Madam Clerk.

You shall report in person to the Probation Officer, no later than 4 p.m. today, March the 6th, 2012, at the Probation Office at #101-250 George Street, Prince George, British Columbia; and after that you shall report as and when directed by the Probation Officer, but only on the same occasions that you are required to report under your conditional sentence order, on File Number 31701. [ 12 ] So that means on the days you are going to report on the CSO, you are also reporting on the probation order. So it does not require you to come downtown any more often than that. [ 13 ] Okay.

Madam Clerk, the next clause will be 104P. The Probation Officer, in his or her discretion, may excuse you from further reporting under this order upon satisfactory completion of your community work service, which gives you a hint as to what is to come. [ 14 ] 105P.

When first reporting to the Probation Officer, you shall inform him or her of your present residential address and phone number, and you shall not change your address or phone number -- actually, Madam Clerk, it should be 106B -- you shall not change your address or phone number at any time without first obtaining the written consent of the Probation Officer, which is identical to what your conditional sentence order is. [ 15 ] And then, the only other term, Sir, is Number 147P.

Under the direction and supervision of the Probation Officer, you shall successfully complete 25 hours of community work, which shall be performed at a rate of no fewer than five hours per month. But if you get done more than five hours per month -- if you get the 25 hours done quicker, then you don't have to report any further, because the Probation Officer will let you off reporting. [ 16 ] THE ACCUSED: I still got 42 hours left on my other one to complete. [ 17 ] THE COURT: Well, you are going to have to get at it, I guess. [ 18 ] Now, are you taking any counselling, Sir? [ 19 ] THE ACCUSED: Yeah.

I'd completed all my treatment. [ 20 ] THE COURT: It is all done? [ 21 ] THE ACCUSED: I -- um -- but not this -- um -- sorry. Stop right there. I completed not the treatment part, but I completed -- I'm being seen -- [ 22 ] THE COURT: Okay. [ 23 ] THE ACCUSED: -- Ms. McIain [phonetic] -- all the counsellors arranging for family treatment -- but Ms. Mickey [phonetic] got fired. So there's another -- she got in some -- I don't know. I don't know what happens. [ 24 ] THE COURT: So there has been some delay in that. [ 25 ] THE ACCUSED: Yeah.

And -- but there some more -- there is another counsellor taking over. [ 26 ] THE COURT: Okay. I will give you till August 31st, 2012, to pay the victim fine surcharge on this matter. (REASONS CONCLUDED)