R. v. Soper Date:, 2010 BCPC 363

Citation: R. v. Soper Date: 20101214 2010 BCPC 0363 File Nos: 181635-1/179474-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ZANE SOPER REASONS FOR SENTENCE OF THE HONOURABLE JUDGE JUDGE E. GORDON Counsel for the Crown: B. Shaw, Q.C. Counsel for the Crown: Federal: L. Jomori Counsel for the Defendant: G. Bowen Place of Hearing: Surrey , B.C.

Date of Hearing: December 14, 2010 Date of Judgment: December 14, 2010 [ 1 ] THE COURT : When I sentence someone, there is a variety of factors I have to consider: Rehabilitation, which is putting you in a position where you are not going to be re-involved in criminal activity; specific deterrence, which is putting you in a position where you have been punished to the point that you do not want to commit the crimes again; general deterrence, which is letting the rest of the world know that we do not look kindly on these kinds of crimes so as to deter others from repeating your behaviour; and denunciation, which is society's way of saying: it does not matter how good this person may otherwise be, they have to be punished because this was a very bad thing. [ 2 ] In terms of specific deterrence, I think probably the eight months that you have spent in custody have been enough, and I am satisfied that as a 53-year-old man, you do not need me to force you to rehabilitate yourself, you know what to do.

But general deterrence and denunciation are important here because this is a very serious case. [ 3 ] I will tell you now, your lawyer points out you are not a career criminal, which helps you because were you a member of a gang I would be thinking of a sentence in the double-digit range, but you are not. That is the only thing that is keeping you in the range that I am thinking. [ 4 ] With respect to the Production of Marihuana, you have spent 239 days in custody. I will credit you with that, plus one day, which

is today. No surcharge. [ 5 ] With respect to the gun charge, sir, the members of this community are terrified. They are terrified that there are people who have guns on their couch that are loaded and that they use them, and people are walking the streets with that fear. And sometimes many people think, well, that is a fear that is unnecessary, and then the Mr. Sopers of the world prove that it is necessary. I have to send you to the penitentiary sir.

It is a terrible crime. [ 6 ] There will be a sentence of three-and-a-half years. [ 7 ] You are prohibited from owning or possessing any firearms, ammunition or explosives for the rest of your life. [ 8 ] You will provide a sample of your DNA to the authorities today, and all items that were seized by the police will be forfeited to Her Majesty the Queen, on both files. [ 9 ] MR. BOWEN: Yes, thank you, Your Honour. [ 10 ] MS. JOMORI: Crown is directing a stay on Count 2 of Information 179474. [ 11 ] MR.

SHAW: And the Provincial Crown is likewise entering a stay of proceedings on the extant counts. (REASONS FOR SENTENCE CONCLUDED)