R. v. Bay Date:, 2011 BCPC 441

Citation: R. v. Bay Date: 20110602 2011 BCPC 0441 File No: 36744-1 Registry: Courtenay IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. BRITTANY BERNIDETTE BAY REASONS FOR SENTENCE OF THE HONOURABLE JUDGE SAUNDERSON Counsel for the Crown: R. Richardson Counsel for the Defendant: D. Evans Place of Hearing: Courtenay , B.C. Date of Judgment: June 2, 2011 [ 1 ] THE COURT: I have read and considered the presentence report. It offers perhaps some faint hope for this young woman. There are some very disturbing aspects to it, among which are that Ms.

Bay has not been participating in Narcotics Anonymous or other counselling programs in recent months, which is of concern to previous and current probation officers. [ 2 ] Her aunt, who was the victim of the break-in, "expressed her concern that subject has a history of playing the victim rather than accepting responsibility for her action and relying on lying and other forms of manipulation." That view is shared by the former probation officer. [ 3 ] Her aunt reports the subject has a history of betraying the trust of her family, to the point where she and Ms.

Elderbroom's mother are now loath to allow her into their respective homes. [ 4 ] She has not responded well to community supervision in terms of keeping appointments, among other things, and of course she was on probation as these offences are committed. [ 5 ] I am not persuaded, notwithstanding what I would describe as "lip service" paid, that there is any sense of repentance on the part of Ms. Bay. She has been through the criminal courts once before, she was on probation, as these offences were committed, which is a serious aggravating factor. [ 6 ] She broke into the home of a relative.

A day later she stole from an individual who was trying to help her out. [ 7 ] I disagree with the proposal from Crown counsel and obviously supported by defence counsel. I disagree with it quite strenuously. [ 8 ] The factors which, in my view, are most important for the court to consider are denunciation of the behaviour itself in these two matters, deterrence of others, and principally deterrence of Ms. Bay, who is not and has not been deterred from the beginnings of her criminal career path. [ 9 ] The sentence on the residential break-in will be two months in jail.

[ 10 ] The sentence on the theft matter, which certainly involved a breach of trust, will be one month consecutive, for a total of three months. [ 11 ] That will be followed by a one-year probation order on terms that she keep the peace and be of good behaviour; that she report immediately upon her release and in person to a probation officer and thereafter as directed; that she reside where directed by her probation officer; that she not consume any alcohol or other substances as defined by the Controlled Drugs and Substances Act; and that she not associate with or be in the company of any person named by her probation officer, including but not limited to Travis Sehr. [ 12 ] Those are the terms. [ 13 ] MR.

RICHARDSON: There should as well be a DNA order, Your Honour. [ 14 ] THE COURT: Oh, yes, you will have the DNA order. (REASONS FOR SENTENCE CONCLUDED)