R. v. Anderson, 2011 BCPC 522

Citation: R. v. Anderson 2011 BCPC 522 Date: 20110315 File No: 39204-1 Registry: Penticton IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JOEL ANDERSON ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE D. SPERRY Counsel for the Crown: Mr. Hugh McSheffrey, Q.C. Counsel for the Defendant: Mr. Kenneth Wyllie Place of Hearing: Rossland , B.C.

Date of Judgment: March 15, 2011 [ 1 ] THE COURT: I am hoping that 50 years from now, you will be able to tell your grandchildren the story of the time that you appeared in front of Judge Sperry; not tell your grandchildren about the first time that you appeared in front of Judge Sperry. You are the one that has got to make choices. Everybody here will help you not be a criminal, but nobody here can make you not be a criminal. [ 2 ] You have obviously done something right with your bail supervisor. If it was not for your bail supervisor and the fact that your

dad is here supporting you today, you would be on your way back to KRCC. The threatening of Colton's mom, very scary thing. [ 3 ] I would not jail you for being hungry and stealing. I would jail you for threatening with a weapon, [indiscernible/ voice drops] but I have been talked out of it. [ 4 ] I am going to suspend the passing of sentence and place you on probation for nine months. That will be on both of these offences.

Suspend the passing of sentence and place you on probation for nine months. [ 5 ] The terms of the probation order are to keep the peace and be of good behaviour; you will report forthwith by telephone to a probation officer and report thereafter as and when directed by your probation officer and in the manner directed by your probation officer; you will obey all your probation officer's lawful instructions. [ 6 ] You will attend for, participate in and complete to the satisfaction of the facilitator, such counselling as your probation officer at his or her discretion feels may assist you in not ever coming back here again. [ 7 ] In the first five months of this order you are going to donate 25 hours of your work and services to the community work service project, and what I want you to do when you are doing the community work services thing, the next time, "I am hungry", go to a soup kitchen.

Do not be doing five-finger discounts. [ 8 ] I have to tell you that I have got a fixed rule. When somebody is ordered to do community work service, if they do not do it as ordered, it is a day in jail for every hour that they have not done as ordered. Is that fair? [ 9 ] THE ACCUSED: [No audible response] [ 10 ] THE COURT: You are nodding your head in the affirmative. [ 11 ] THE ACCUSED: Yes. [ 12 ] THE COURT: It is? Really?

You think it is okay, because you know, if you need more time to do the 25 hours, I am giving you five months, but if you need more time, tell me now, and if you come in five months from now and you have done fifteen hours, what is going to happen? [ 13 ] THE ACCUSED: I'll do another 35 days in jail. [ 14 ] THE COURT: No, just ten - [ 15 ] THE ACCUSED: Thirty five, oh - [ 16 ] THE COURT: - a day for every hour. [ 17 ] THE ACCUSED: Oh, yeah. [ 18 ] THE COURT: That is fair enough. [ 19 ] THE ACCUSED: Well I still have a - [ 20 ] THE COURT: Pardon? [ 21 ] MR.

WYLLIE: He still has some community work services to do and what he says - he has done - he started that. [ 22 ] THE COURT: Okay, good, good, good, good, good. Well this will just keep you at it. [ 23 ] All right, remember, the next time you are hungry, soup kitchen, not five-finger discount. [ 24 ] THE ACCUSED: I know. [ 25 ] MR. WYLLIE: Waive the victim impact - [ 26 ] THE COURT: Now hang on a sec, hang on a sec, I am not done. [ 27 ] MR. WYLLIE: Thank you, Your Honour. [ 28 ] THE COURT: I am not done, Mr. Wyllie. [ 29 ] MR. WYLLIE: Oh, excuse me, Your Honour. [ 30 ] THE COURT: I am not done.

We have got to get to the Rogers Order, the important part. [ 31 ] MR. WYLLIE: Oh, right, I am sorry, Your Honour. [ 32 ] THE COURT: You are on meds right now, right? [ 33 ] THE ACCUSED: [No audible response]. [ 34 ] THE COURT: All right. I cannot make you take your meds, but you must report to your probation officer, any decision to stop taking your meds, and report to your probation officer within 24 hours if you have not taken your meds as prescribed for you by your

treating physician. Is that fair? [ 35 ] THE ACCUSED: Yes. [ 36 ] THE COURT: It is? Okay, fair enough. [ 37 ] There will not be any victim impact surcharge. [ 38 ] Have I missed anything, Mr. McSheffrey? [ 39 ] MR. MCSHEFFREY: Yes, there were a couple of matters I would like to address. It is - these offences are - attract a secondary - the offence, the first one anyway attracts a secondary DNA databank order. [ 40 ] THE COURT: Yes. [ 41 ] MR.

MCSHEFFREY: I can tell you that that has been made against him previously, but you have got to address it. [ 42 ] THE COURT: Yes, I do, and in the ordinary course I would, but I have been told by Mr. McSheffrey, you have already given DNA - [ 43 ] MR. MCSHEFFREY: Right. [ 44 ] THE COURT: - and because it is secondary, I will not order DNA on this offence because I know they have already got it, but otherwise I would order it. [ 45 ] MR. MCSHEFFREY: He is subject to a firearms prohibition order for - for 10 years - [ 46 ] THE COURT: Yes. [ 47 ] MR. MCSHEFFREY: - so I am not going to repeat that.

I would ask that you consider an order that he give a written apology to be sent to Pamela Thorsen, and I would ask - [ 48 ] THE COURT: Yes, that is a good idea. [ 49 ] MR. MCSHEFFREY: - though that you give some thought to whether he should pay, I think - I am told that it is $40 to the - to the Husky Station at - at Osoyoos. [ 50 ] MR. WYLLIE: Well - [ 51 ] THE COURT: They can pursue it civilly. [ 52 ] MR. WYLLIE: I do not - I think - [ 53 ] THE COURT: It is going to take more bureaucratic hassle for the system than the forty bucks is worth. [ 54 ] MR.

WYLLIE: The apology, I - [ 55 ] THE COURT: The apology, yes. You have 30 days to do an apology in a form approved by your probation officer, to Pamela Thorsen for the threat. [ 56 ] MR. WYLLIE: Thank you, Your Honour. [ 57 ] THE ACCUSED: Okay. [ 58 ] THE COURT: You have been fairly treated today? [ 59 ] THE ACCUSED: Yes. [ 60 ] THE COURT: Well you can tell your grandkids that; there was a time when I was in front of Judge Sperry, not, that was the first time I was in front of Judge Sperry. [ 61 ] MR. WYLLIE: And the last time. [ 62 ] MR.

MCSHEFFREY: Would you consider as well an - an order that other than the apology, have no contact with Pamela Thorsen. I think she really does not want him - [ 63 ] THE COURT: Yes, yes. [ 64 ] MR. WYLLIE: Yeah, that - that is fair enough. [ 65 ] THE COURT: That is fair enough, yes. [ 66 ] So you will have no contact, direct or indirectly, or communication with Pamela Thorsen. [ 67 ] THE ACCUSED: So she doesn't want an apology, or -

[ 68 ] MR. WYLLIE: No, no, no, she does not want any contact. [ 69 ] MR. MCSHEFFREY: Other than the - [ 70 ] THE COURT: Apart from the apology. [ 71 ] MR. WYLLIE: And no-go to the - [ 72 ] THE COURT: And no-go - [ 73 ] MR. WYLLIE: - Oliver Husky or Oliver - what is it? [ 74 ] MR. MCSHEFFREY: Oh, I do not care about the Oliver Husky. No-go to the Thorsen residence - [ 75 ] THE COURT: Yes. [ 76 ] MR. MCSHEFFREY: - and I can give you a - [ 77 ] THE COURT: Address. [ 78 ] MR. MCSHEFFREY: - an address. They are at 7210 - 89th Street in Oliver. [ 79 ] THE COURT: Seven-one-two-zero ninth - [ 80 ] MR.

MCSHEFFREY: Seven-two-one-zero. [ 81 ] THE COURT: - 7210 - 89th Street. [ 82 ] MR. MCSHEFFREY: Eighty-ninth Street. [ 83 ] THE COURT: Thank you. [ 84 ] MR. MCSHEFFREY: In Oliver. [ 85 ] THE COURT: In Oliver. [ 86 ] MR. MCSHEFFREY: And - and I take it the order will apply to both counts? [ 87 ] THE COURT: It does. [ 88 ] MR. WYLLIE: It will. [ 89 ] MR. MCSHEFFREY: Thank you. [ 90 ] MR. WYLLIE: Thank you, Your Honour. [ 91 ] THE ACCUSED: Thank you. (REASONS CONCLUDED)