R. v. Elliott, 2016 BCPC 491

Citation: R. v. Elliott 2016 BCPC 491 Date: 20161115 File No: 38493-1 Registry: Duncan IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. DANIEL WAYNE ELLIOTT REASONS FOR SENTENCE OF THE HONOURABLE JUDGE E. BLAKE Counsel for the Crown: M. Feldthusen Counsel for the Defendant: M. Peter, Native Court Worker Place of Hearing: Duncan , B.C. Date of Hearing: November 15, 2016 Date of Judgment: November 15, 2016 [ 1 ] THE COURT: With some reluctance, I will accept what is essentially a joint submission. There will be a suspended sentence, pursuant to s. 89 of the Offence Act , the conditions being that you will keep the peace and be of good behaviour, appear before the court

as and when required to do so by the court, keep the court or your probation officer, in advance, if you should change your name or address, and promptly notify the court or probation officer of any change in your employment or occupation. [ 2 ] In addition to those conditions, I think I need to include just one more term. He has got to report if he is doing community work, and they have got to know where to find him if he is doing community work, so I have got to include those things. [ 3 ] MR.

FELDTHUSEN: Yes, Your Honour. [ 4 ] THE COURT: Condition 201: You shall immediately report in person to the probation office at 205 Boundary Road, Duncan, British Columbia, and after that you shall report as directed. [ 5 ] Condition 205: When first reporting to the probation officer, you shall inform him or her of your residential address and phone number. [ 6 ] The next condition 253: Under the direction and supervision of the probation officer you shall successfully complete 25 hours of community work, which shall be completed no later than February 1st, 2017. [ 7 ] I will add this specifically.

The probation officer shall give consideration to you performing the community work for the benefit of the Stz'uminus Band? [ 8 ] MABEL PETER: Stz'uminus. [ 9 ] THE COURT: Band? [ 10 ] MABEL PETER: Yes. [ 11 ] THE COURT: Okay. [ 12 ] MABEL PETER: Or First Nations. [ 13 ] THE COURT: Okay. Thank you. [ 14 ] So those are the conditions of the probation order, unless I have missed anything. [ 15 ] There will then be an order, pursuant to s. 24(3) of the Prevention of Cruelty to Animals Act , prohibiting you from owning or having custody or control of any animal for a period of 10 years from today's date. [ 16 ] Mr.

Elliott, let me just say if it was up to me I would be giving you a whole lot more serious sentence than that, but there is a joint submission before me, and it would not be appropriate for me to go off on a rant of my own, but I am not pleased. (REASONS FOR SENTENCE CONCLUDED)