R. v. Pruden-Collins et al Date:, 2012 BCPC 441

Citation: R. v. Pruden-Collins et al Date: 20121121 2012 BCPC 0441 File No: 36557-1, 36586-2-C Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA File No: 36557-1 REGINA v. DILLON BENJAMIN ERTMOED RAYMOND JARROD CONSTANT PRUDEN-COLLINS File No: 36586-2-C REGINA v. RAYMOND JARROD CONSTANT PRUDEN-COLLINS RAYMOND DOUGLAS PENNICOTT REASONS FOR SENTENCE (RE ACCUSED PRUDEN-COLLINS) OF ASSOCIATE CHIEF JUDGE M. J. BRECKNELL Crown Counsel: T. G. Bauman Defence Councel: B. Gilson, Q. C. Place of Hearing: Prince George , B.C.

Date of Sentence: November 21, 2012 [ 1 ] THE COURT: On September 14, 2012, the defendant in this proceeding, Raymond Jarrod Constant Pruden-Collins, along with a co-accused, burst into a Subway restaurant in College Heights, each brandishing firearms. They robbed that business, obtaining approximately $300. [ 2 ] A short time later, they burst into the Subway restaurant on the Hart Highway and again, with these firearms, robbed the people who were working there. In addition, on that date, this defendant pointed a firearm at another citizen. [ 3 ] Three days later, Mr.

Pruden-Collins' co-accused in the robberies of the Subway committed a further robbery, it is alleged, at a Shell station here in town, and after his arrest, he spilled the beans about the previous robberies he had been involved with Mr. Pruden- Collins. [ 4 ] After September 14, Mr. Pruden-Collins did not sit idly by spending the profits of the two robberies of the Subway stores, which totalled $600, but instead, he entered into another scheme with a different co-accused to rob a jewellery store in our local Pine Centre Mall.

On that occasion, while masked to keep people from identifying them, he and his co-accused went into the Michael Hill jewellery store and they began to smash with a hammer the display cases and grabbed jewellery and then attempted to flee. They grabbed approximately $90,000 worth of jewellery. While they were conducting the robbery, four employees of that business were undoubtedly terrorized in much the same way as the employees of the Subway restaurants were terrorized by people coming into their business and pointing weapons at them. [ 5 ] Mr.

Pruden-Collins and his co-accused in the jewellery store robbery did not get far, however. He was caught by citizens at the nearby food court, and the co-accused was stopped and subdued by a disabled gentleman and his girlfriend in the Zellers store. Mr. Pruden-Collins has been in custody ever since, which has been approximately 60 days. [ 6 ] In committing the robberies of the Subway, the firearm that Mr.

Pruden-Collins was brandishing was, in fact, not at law a firearm, but I am sure to the people who were being robbed, it looked identical to one because it was one, save and except for the fact it did not have a firing pin so was incapable of discharging a round. However, in the Subway robberies, Mr.

Pruden-Collins' co-accused was brandishing a firearm which, when discovered by the police, had a full magazine of bullets and a bullet in the chamber, one that only required the pulling of the trigger and could have injured or killed other people. [ 7 ] The use of firearms in Canada in criminal offences has been a matter that has given great distress to the court system, the general community and, in the last several years, Parliament, because Parliament has, in its wisdom as the voice of the people, decided that a robbery with a firearm was worthy of a very significant sentence as a minimal penalty, the minimum penalty being a period of incarceration for five years. [ 8 ] When Mr.

Pruden-Collins was arrested, he was entirely cooperative with the police, providing a warned statement which implicated himself and perhaps his co-accused in both sets of robberies, and he has come before the court in very short order to accept responsibility for these offences and to get on with serving his sentence so that he can get on with the rest of his life. [ 9 ] He is 20 years of age. He has no criminal history. He has, as his lawyer Mr.

Gilson has said with regard to his criminal behaviour, gone from zero to 60 in very short order. [ 10 ] I made mention to counsel during the submissions that I was satisfied that Mr. Pruden-Collins had not consulted the Criminal Code with regard to what the minimum penalty would be for robbery with a firearm because based on what I have seen in the letters that have been presented by his counsel, he, Mr. Pruden-Collins, is a bright young man.

Had he been informed of the possible penalty, he would no doubt have said, "This is not for me." But he did not do that, and his actions terrorized a number of citizens in this community and was a matter of some celebrity in the media because of the nature in which the offences occurred in relatively short order and, so far as the robbery of the jewellery store is concerned, was done quite brazenly in the middle of the day in the busiest shopping mall in the city. [ 11 ] In deciding on a penalty, I have to take into account the circumstances of the offence, the circumstances of the offender, and any other information which is relevant to me deciding on an appropriate sentence as described in ss. 718 through 718.2 of the Criminal Code . [ 12 ] Clearly, with regard to the jewellery store robbery, one of the aggravating factors was that it occurred during the day in a busy mall where other citizens could have been injured or confronted by the robbers. [ 13 ] On the other hand, as pointed out by his counsel, Mr.

Pruden-Collins and his co-accused were hardly sophisticated robbers. They did not even get out of the mall. They did not seem to have much of a plan, and in fact, in the rendition of the facts, the Crown noted that Mr.

Pruden-Collins and his co-accused had cased out the robbery and had planned to do it early in the morning, undoubtedly so that there would be fewer people around, but they slept in and decided to go and commit the robbery later in the day. [ 14 ] A minimum sentence for a firearm robbery, being five years, is now, at law, the floor; in other words, the lowest sentence possible to be given to somebody for committing such an offence. The Crown and defence both submit that with regard to the two robbery counts from the Subway, each of which involved a firearm, Mr. Pruden-Collins should be sentenced to five years.

That is the bare minimum permitted by law. I accept that submission. I accept that submission because despite the fact that Mr. Pruden-Collins took steps to engage in this type of behaviour, he was somewhat naïve, carrying a weapon that was not in fact a firearm, and in addition, being a young person without a criminal history and given the accomplishments he has made in his life so far, he is well capable, in my view, of being rehabilitated.

[ 15 ] The real dilemma for me comes with what should happen with the other counts on the other matters, all of which will be concurrent sentences, but whether or not the concurrent sentences should be as short as is recommended by counsel. [ 16 ] I have to, as well, take into account Mr. Pruden-Collins' personal background. I have been presented with seven letters, all of which I have read, and I can think of nothing better to describe his personal background than to read fairly large portions of the letter that was authored by his mother.

She says: This note is to let you see and know a few important facts of Raymond J. Pruden-Collins, my son. Ray and his brothers grew up in a sheltered Christian home. My ex-husband Dale R. Pruden and myself raised our boys with no knowledge of alcohol or drugs. Our family was very active in our faith and in the Christian community. Raymond was dedicated to his faith from birth and has always been close to his family and friends with a compassionate heart. He brought home many, many young people who were runaways and who had no home. He would ask for my help in how to help them.

He would do laundry - wash floors, clean bathrooms, and loved to cook. Ray had a training opportunity from the age of 16 yrs. Our neighbours Jerry and Yvonne were and are close friends of our family. Jerry Wiebe is the manager of the meat department of Save On, on the Hart. Jerry trained Ray in how to cut, fillet, and wrap meat, plus how to clean and sanitize his working environment. Jerry and Yvonne Wiebe are Ray and Cole's extended family. Raymond grew up as one of the Kinsley boys - Shawna and Sean Kinsley were another extended family - Mr.

Kinsley was the mayor of Prince George, and was at many family birthdays, and holidays. Raymond was and is a bright young man. He graduated from Taps at the College of New Caledonia. Was going back to C.N.C. to take Business Administration. Raymond and his brother Cole were my care givers for me when I was bed ridden for 2 yrs (2010-2012). Ray cooked, cleaned, went to school, was being trained by Jerry Wiebe in Meat Cutting, and was part of the Wiebe family - who Ray loves and to this day as his family.

Raymond was going through a hard time after his girlfriend left to train for the R.C.M.P. - he made an error in judgement when he met Birdman and someone named Dillon. Raymond would have no knowledge of how to rob or be so stupid as to rob a jewellery store in daylight, let alone at night. Raymond was and is a good young man who is gifted in the Arts as an Artist and gifted in music. His brother Cole and him wrote 5 CD's and posted on the Internet - with requests to write more for a producer from Toronto. Raymond's native heritage is Cree and Carrier with German on my side and Scottish on his father's side.

Our band is McLeod Lake - I'm in the process of transferring from 1st Nation Drift Pile, Alberta. Raymond has taken all the programs while being incarcerated at P.G.R.C.C. and has been on good behaviour. He made an error in trusting this birdman who was well known in his drug world. Ray met this birdman approximately 2-3 wks before Ray got into trouble. This birdman is known and feared on the streets - as I have found out. I'm asking the Court to please keep in mind - Ray's early years as a teenager who was and is loved by all his friends and family and his teachers, past bosses and trainers.

Please be compassionate in your judgment. Ray's whole life hangs in the balance - and I give my word as his mother - that he will have Leonard Ward as his Spiritual Advisor and guidance counsellor. Mr. Ward is a medicine man in our native culture - plus to be a client of the 1st Nations Justice Healing Society. [ 17 ] It must be shattering to Mr.

Pruden-Collins' family and friends to come to the understanding that a young gentleman with so much promise has taken such a drastic and very detrimental turn in his personal life that has resulted in him being here. [ 18 ] I can go no lower than the sentence suggested by the Crown and defence counsel of five years on some of the charges, and it has been suggested to me various other lengths of sentence on the other matters. [ 19 ] I have carefully considered the submissions of counsel, and I have kept in mind that prior to these events, Mr.

Pruden-Collins had no criminal history, and I accept that these matters were conducted in what lawyers and judges often refer to as a spree. However, taking into account all of the circumstances of the events in question, I do not accept the length of sentence proposed by counsel with regard to the robbery of the jewellery store. In my view, a two-year sentence, although concurrent with the five years Mr.

Pruden- Collins will already be serving, does not sufficiently address the concerns of the court with regard to the safety of the community and the deterrence factor necessary to deter others from committing such brazen robberies in public places, and in my view, a longer sentence is appropriate. [ 20 ] Mr. Pruden-Collins, please stand up, sir. [ 21 ] All the sentences I am sentencing you to, sir, are all concurrent.

That means they are all being served at the same time, and I take into account the fact that you have already served two months in custody. [ 22 ] Madam Clerk, on Information 36586-2-C, Count Number 1, that is the robbery with a firearm, the appropriate sentence would be five years' imprisonment in a federal penitentiary, less the two months that he has already served, meaning he will be sentenced to four years, 10 months in a federal penitentiary. [ 23 ] On Count Number 2, again, a robbery with a firearm, the appropriate sentence, in my view, would have been five years, but he has served two months in custody, so the appropriate sentence, in my view, is four years, 10 months concurrent with the previous sentence. [ 24 ] On Count Number 8 of that information, a charge of pointing a firearm, in my view the appropriate sentence would be one year in custody to be served concurrent with the other sentences.

[ 25 ] On Information 36557, that being the charges arising from the robbery of the jewellery store, Count Number 1, the robbery, in my view the appropriate sentence is three years in custody concurrent with the other sentences, and on Count Number 2, committing an indictable offence while having your face masked, an appropriate sentence would be one year in custody concurrent to all of those other sentences. [ 26 ] I am prepared to recommend that Mr.

Pruden-Collins should serve, although, sir, when I say I recommend, I do not order the Correctional Service of Canada to do anything, but I recommend that he serve his sentence, if at all possible, in a skills-based institution so that he can continue his education progress while he is incarcerated. [ 27 ] In addition to that, sir, the offences for which you have pled guilty have certain minimum other penalties that are required by law.

First of all, there will be a firearms prohibition under s. 109 of the Criminal Code , which means that for a period of 10 years you are prohibited from possessing any firearm, other than a prohibited firearm or restricted firearm, any crossbow, restricted weapon, ammunition, and explosive substance for a period of 10 years, and any prohibited firearm, restricted firearm, prohibited weapon, prohibited device, and prohibited ammunition for the rest of your life. [ 28 ] It is also a primary designated DNA offence, that being the robberies, Madam Clerk. Those are the primary designated DNA offences.

For that, I am making an order pursuant to s. 487.051(1) of the Criminal Code in Form 5.03 authorizing the taking of a number of samples of bodily substances by any peace officer for the Province of British Columbia that is reasonably required for the purpose of forensic DNA analysis and registration in the national DNA databank from Raymond Constant Pruden-Collins by December 31, 2012. [ 29 ] In addition, I am going to make an order under s. 491 of the Criminal Code that the firearm that was retrieved from Mr.

Pruden- Collins be forfeited to Her Majesty the Queen for destruction but that such order be delayed until four months following the completion of all matters in this file. [ 30 ] Now, Mr. Pruden-Collins, it might seem odd to you, as I am now sending you away for a lengthy period of time, but I do wish you good luck, sir. [ 31 ] Anything further, Counsel? [ 32 ] MR. BAUMAN: Yes, Your Honour. With respect to Information 36586, Crown directs a stay of proceedings with respect to Count 6, Count 11, Count 13, Count 15, and Count 18.

With respect to Information 36557, Crown directs a stay of proceedings with respect to Count 4, with respect to Count 6 as against Mr. Pruden-Collins only, and with respect to Counts 7 and 8. [ 33 ] THE COURT: Anything further, Mr. Gilson? [ 34 ] MR. GILSON: If there is a victim fine surcharge, I would ask Your Honour's permission to have it waived. [ 35 ] THE COURT: I will waive the victim fine surcharge in all the matters. [ 36 ] MR. GILSON: Thank you, Your Honour. (REASONS CONCLUDED)