R. v. Haskell Date:, 2015 BCPC 103

Citation: R. v. Haskell Date: 20150327 2015 BCPC 0103 File No: 40833-2-C Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. SHANNON LEE HASKELL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE R. W. CALLAN Counsel for the Crown: T. G. Bauman Counsel for the Defendant: R. J. Climie

Place of Hearing: Prince George , B.C. Date of Hearing: March 27, 2015 Date of Judgment: March 27, 2015 [ 1 ] THE COURT: Ms. Haskell, this is one of the more difficult cases in passing sentence.

The main issue is the balance between the need for deterrence, both specific deterrence to you and general deterrence to others, not to participate in crimes of this nature and, at the same time, weigh that balance with the efforts you have made regarding rehabilitation. [ 2 ] The aggravating factors in this matter have been addressed by counsel, and I am not going to particularize them beyond reiterating that there was a use of violence and threat of violence on B. S.

The manner in which this robbery of her personal belongings was carried out had an element in it of physical abuse and certainly trauma to the victim. [ 3 ] Such conduct would normally attract a significant jail term, even greater than the sentence that the Crown has asked for. However, in this particular case, I choose to focus on the mitigating factors as outlined by both the Crown and the defence, and these are: 1. your early guilty plea; 2. the remorse that you have shown and your apology to Ms. S.; 3.

I note the Gladue factors referred to by your counsel, and I have reviewed these as they have been set out in the exhibits and the effect on your background, in particular, the report by Dr. Lopes; 4. the positive steps your counsel has pointed out that you have taken with regards to your own rehabilitation, in particular, to improve your education and deal with your substance abuse issues; and 5. your ultimate objective to get clean and sober with the goal of reuniting with your family. [ 4 ] Still, however, a jail sentence is required given the seriousness of your actions in this matter.

I would normally sentence you to 18 months. I note you have been in custody for nine months. I give you credit for nine months, and I sentence you to nine months' new time. [ 5 ] You will then be placed on probation for a two-year period. The object from this probation is for you to be monitored concerning your progress in rehabilitation. Secondly, the availability of programs would assist you in achieving the goals that I have listed in mitigation. [ 6 ] Therefore, the terms are as follows. [ 7 ] 100P. You shall keep the peace and be of good behaviour.

You shall appear before the court when required to do so by the court. You shall notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation. [ 8 ] 102. Within 48 hours after completing your jail sentence, you shall report in person to the probation office at #101, 250 George Street, Prince George, B.C., or the probation office located nearest to the place of your release from custody, and after that, you shall report as and when directed by the probation officer. [ 9 ] 105P.

When first reporting to the probation officer, you shall inform him or her of your present residential address and phone number, and you shall not change your address or phone number at any time without first providing written notice to your probation officer. [ 10 ] 116P. You shall have no contact or communication, directly or indirectly, with B. S. [ 11 ] 121. You shall not attend at or be within 50 metres of any place you know to be the residence, school, or workplace of B. S., except for while on a highway in a moving motor vehicle in transit to somewhere else. [ 12 ] 123.

You shall not possess or consume any alcohol or any controlled substance within the meaning of s. 2 of the Controlled Drugs and Substances Act , except as prescribed for you by a physician. [ 13 ] 124. You shall not enter any liquor store, beer and wine store, bar, pub, lounge, or other business premises from which minors are excluded by the terms of their liquor licence. [ 14 ] 131. You shall not possess any weapon as defined in s. 2 of the Criminal Code . [ 15 ] 134.

You shall not possess any knife outside of your residence except for the immediate preparation or eating of food or for purposes directly and immediately related to your employment. [ 16 ] 111P. You shall obey a curfew by being inside of your residence or on the lot on which your residence is located between the hours of 10 p.m. and 6 a.m. each day, except as follows: (

a) with the written consent of the probation officer obtained in advance. Such consent is to be given only for compelling personal,

family, or employment reasons; (

b) when travelling directly to or returning directly from your place of employment or while in the course of your employment. You shall provide the probation officer with written proof of your employment; (

c) when travelling directly to or returning directly from an educational institution at which you are enrolled or while in the course of classes or extracurricular activities approved by the probation officer at such educational institution. You shall provide the probation officer with written proof of your educational enrolment, your attendance at classes, and your involvement in extracurricular activities; and (

d) in the event of a medical emergency, and then only when travelling directly to or returning directly from a hospital emergency ward. [ 17 ] 114P. You shall present yourself at the door of your residence when any peace officer or probation officer attends there for the purpose of determining your compliance with the curfew conditions of this order. [ 18 ] 115P. You shall respond personally and immediately to the telephone when a peace officer or probation officer makes a telephone call to your residence for the purpose of determining your compliance with the curfew conditions of this order. [ 19 ] 142P.

You shall attend, participate in, and successfully complete any assessment, counselling, or program as directed by the probation officer. Without limiting the general nature of this condition, such assessment, counselling, or program may include and relate to (

a) anger management, (

b) alcohol or drug abuse, (

e) psychiatric and psychological health, and (

h) such full-time attendance program as may be directed by the probation officer, and you shall comply with all rules and regulations of any such assessment, counselling, or program. [ 20 ] I think those are all the conditions Crown was looking for. [ 21 ] MR. BAUMAN: They are, Your Honour. [ 22 ] THE COURT: I will move on to the DNA order.

Pursuant to s. 487.051(1) of the Criminal Code , I make an order in Form 5.03 authorizing the taking of the 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 Shannon Lee Haskell by 15 April 2015. [ 23 ] 164. You are prohibited from possessing (

a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition, and explosive substance for a period of 10 years; and (

b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device, and prohibited ammunition for life. [ 24 ] Ms. Haskell, do you have an intention or capability to pay a victim fine surcharge in this matter? [ 25 ] THE ACCUSED: Yeah. [ 26 ] MR. CLIMIE: My client indicates she has an ability, but it will be a function of having time once she gets out and on her feet. [ 27 ] THE COURT: All right. Very good. [ 28 ] MR. CLIMIE: Perhaps a year following her release from jail. [ 29 ] THE COURT: All right. 21 July 2016, the victim fine surcharge is due and payable. [ 30 ] MR.

BAUMAN: A stay on the balance of the counts, Your Honour. [ 31 ] THE COURT: Thank you. [ 32 ] MR. CLIMIE: Thank you, Your Honour. [ 33 ] THE COURT: Thank you. (REASONS FOR SENTENCE CONCLUDED)