R. v. Grosskleg, 2018 BCPC 88

Citation: R. v. Grosskleg 2018 BCPC 88 Date: 20180328 File Nos: 40104-1; 40104-4-A Registry: Courtenay IN THE PROVINCIAL COURT OF BRITISH COLUMBIA File No: 40104-1 REGINA v. DALE DEAN DEMMONS KEVIN DOUGLAS DEMMONS ROZINA TASNEEM KULVI CORY JOHN CROSSKLEG File No: 40104-4-A REGINA v. CORY JOHN GROSSKLEG ORAL REASONS FOR SENTENCE RE CORY JOHN GROSSKLEG OF THE HONOURABLE JUDGE P.M. DOHERTY Counsel for the Crown: T. McFadgen Counsel for the Defendant: E. Chesterley Place of Hearing: Courtenay , B.C. Date of Hearing: March 28, 2018 Date of Judgment: March 28, 2018

[ 1 ] THE COURT: Before the Court for sentencing this morning is Cory John Grosskleg.

He pled guilty on Indictment 40104 to Count 6, a charge that between the 5th and 7th of August, 2015, at or near the Town of Comox, in the Province of British Columbia, he did unlawfully traffic in a controlled substance, to wit: heroin. [ 2 ] He pled guilty to Count 10 of that Indictment that charges him; on or about the 10th of September, 2015, at or near the Town of Comox, in the Province of British Columbia, he did possess a loaded, prohibited or restricted firearm, a 25 calibre handgun, without being the holder of an authorization or licence under which he may possess a firearm. [ 3 ] Finally, he pled guilty to Count 11 on the Indictment that charges him; on the 10th of September, 2015, at or near the Town of Comox, in the Province of British Columbia; he did unlawfully possess a controlled substance, to wit: Cocaine, for the purposes of trafficking. [ 4 ] In addition, he is before the Court on Information 40104-A-4, to which he has pled guilty to Count 2, the 25th of March, 2018, having been released pursuant to s. 515 of the Criminal Code ; he did fail to comply with the provision that he not possess any cell phone, pager or other electronic communication device. [ 5 ] Briefly, the circumstance of that case is that he was found outside his residence with a cell phone, after he called a taxi.

He was arrested and kept in custody until this morning. [ 6 ] As to the serious matters, Crown seeks a sentence of three years in a federal penitentiary. Defence counsel, realistically in my view, says federal time is justified, but in all of the circumstances, two years is sufficient. [ 7 ] The defendant, aged 41, has a prior criminal record. It is relatively minor in the overall scheme of things and contains no related convictions. [ 8 ] Crown outlined the background of this case.

In essence, the defendant was a runner in the dial-a-dope business, engaged in trafficking of heroin between the 5th and 7th of August. [ 9 ] After he was arrested his home was searched and police seized 31.5 grams of cocaine worth about $5,000, a prohibited handgun, and a 25 calibre pistol, fully loaded with plenty of spare ammunition close by. [ 10 ] Crown provided the Court with a number of cases. Those cases all involved individuals who were found in possession of firearms while out in public. Obviously, carrying a firearm in public without licence to do so is something the courts wish to discourage.

As a consequence, deterrence is very much uppermost in the mind of sentencing and appellate judges when it comes to considering the appropriate sentence for such an offence. [ 11 ] The sentence for this type of offence can be three years and up. Having a loaded prohibited firearm in one's home is not to be encouraged either, but it is much different than carrying a concealed weapon in public.

Whether that difference should be considered as a factor in imposing a sentence is a very real issue in the case at bar, for reasons that I will explain. [ 12 ] In all of these sentencing matters there are mitigating and aggravating factors. [ 13 ] In mitigation, the defendant, upon his arrest, was candid and completely cooperative with police, to the extent that this might come under the category of exceptional circumstances. He has no previous conviction for this type of offence. He is only 41 years of age. He can and has been gainfully employed in the past. He has entered early guilty pleas.

These are all mitigating factors. [ 14 ] Under the heading aggravating; this was a dial-a-dope operation, something that the community and courts wish to discourage, and sentences are imposed accordingly. In addition, a loaded prohibited firearm found under his bed is also an aggravating factor. [ 15 ] Generally, I agree with the Crown that normally a global sentence of three years federal time would be warranted.

However, I cannot ignore exceptional circumstances referred to above when considering an appropriate sentence for this particular individual. [ 16 ] In addition, the background of this matter is so unusual that in 27 years, I have yet to see anything remotely similar, and I thought I had seen and heard it all. [ 17 ] As a teen, this man ran with some bad people and got himself into difficulty, apparently owing drug debts.

The situation was so serious that someone set fire to the hedge of his family home on the Lower Mainland to “send a message.” His mother, who had worked for the same company for 30 years, left her job and moved to Trail to protect herself and her son. The defendant then gained employment in Fort St. John. [ 18 ] I am told there was a major crime figure who maintained a continued interest in the man before the Court. I understand that individual wanted to send a ‘message’ to like-minded people who might also owe a drug debt so he had Mr. Grosskleg nearly killed. His henchmen, as Mr.

Chesterley called them, cut off Mr. Grosskleg’s ears. They cut off three of his fingers. He suffered a brain injury, his leg was broken, his lung punctured, and he suffered numerous other injuries. He was left for dead in the snows of Fort St. John, but found and taken to Edmonton Hospital where he was placed in an induced coma for some considerable time. [ 19 ] Eventually he recovered, although that may not be the operative word, because he has lasting physical complications as a result of his ordeal; he will have to have prosthetic ears affixed.

He has only partial use of one hand, as a result of the amputations. I do not know the extent of his head injury. [ 20 ] The family moved again, eventually arriving here in the Comox Valley. The drug underworld found him again and, according to his counsel, forced him to work to clear his drug debts. [ 21 ] Given what had happened to him previously, and the fact that he was working under duress and concerned about the safety of

his family, he acquired the subject pistol and ammunition and left it under his bed. There is no evidence or even a suggestion that he carried it outside to protect himself. The inference Mr. Chesterley would have me draw is that it was solely there to protect Mr. Grosskleg and his family. [ 22 ] The circumstances here, as I have already noted, are somewhat different from those offered in the cases provided. I expect Mr. Grosskleg remains in danger even while in custody.

Those who have custody of him should take note of that observation. [ 23 ] These drug dealing and weapons possession offences have to be taken seriously, there should be significant consequences. In this case there will be, federal time is appropriate. However, applying the principles of sentencing as set out in the Code and case law, I am of the view that a sentence of less than 3 years will suffice in the case at bar. [ 24 ] Stand up, sir. [ 25 ] On Count 10 of the indictment, you are sentenced to 30 months' imprisonment.

All other sentences imposed are concurrent; Count 6, six months concurrent, Count 11, nine months concurrent. On the breach, you are sentenced to 30 days consecutive, but you are given credit for 30 days already served. Globally, that is a 2 and a half year sentence. [ 26 ] There will be forfeiture pursuant to Exhibit 2. There will be a DNA order. There will be a lifetime weapons prohibition under s. 109. [ 27 ] Anything else for counsel? [ 28 ] MR. McFADGEN: No, I believe everything else has been stayed against Mr. Grosskleg so that is everything from the Crown's perspective, Your Honour.

Thank you, and I thank my friend. [ 29 ] THE COURT: Mr. Chesterley? [ 30 ] MR. CHESTERLEY: Nothing other than the victim impact surcharge, which I would ask that Your Honour order be served concurrently. [ 31 ] THE COURT: The victim impact charges are imposed. Given his circumstances, I will have them payable forthwith, and he shall do any time in default concurrent with the sentence that I have just imposed. [ 32 ] MR. CHESTERLEY: Thank you. [ 33 ] MR. McFADGEN: Thank you, Your Honour. [REASONS FOR SENTENCE CONCLUDED]