R. v. Blore Date:, 2011 BCPC 194

Citation: R. v. Blore Date: 20110531 2011 BCPC 0194 File No: 54353-3-C Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RYAN WILLAIM DAVID BLORE ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. C. CHALLENGER Counsel for the Crown: L. Ostry Counsel for the Defendant: A. Ip Place of Hearing: North Vancouver , B.C. Date of Judgment: May 31, 2011 [ 1 ] THE COURT: Ryan William David Blore is before the court having pleaded guilty to one count of robbery. The robbery occurred on January 19th, 2010.

It was of a jewellery store in the Dundarave area of West Vancouver. [ 2 ] On that Tuesday morning, three men entered the jewellery store. The co-accused, Winger, produced a gun and told the owner/victim to lie on the floor, which he did. Mr. Blore went around the store smashing cases. Mr. Chaif-Gust, the other co-accused, scooped up the loot. The other two assisted with that and then fled the store. [ 3 ] Mr. Giragosian, in

an act of both great courage and great foolishness, called 911 and then picked up a can of pepper spray and pursued the three. He is lucky to be alive because when he got up to the getaway car, one of the three perpetrators said, "Shoot him, shoot him," and Mr. Winger, who was holding the gun, fired twice. One of the shells was found in a car behind where Mr. Giragosian had been standing. [ 4 ] In any event, the three were pursued as they fled in the getaway car. They then switched to a different getaway car which they eventually had to abandon on the highway.

A foot search found them hiding under a porch later that afternoon. Some of the items from the store were found either on their persons, around them and in a backpack. [ 5 ] Mr. Blore is 27 years of age. He is from North Vancouver. He has a Grade 12 education. He has a supportive family, many of whom have filed letters which are now an exhibit in this proceeding. It is apparent from his criminal history, which commences in 2006,

that until then he was leading a pro-social lifestyle. [ 6 ] I am told that in 2003, he was the victim of a hit and run motor vehicle accident. He was very badly injured. Some bones were broken and, more importantly, he suffered significant internal injuries. This meant that he could not pursue the career he had in mind of joining the Canadian military. [ 7 ] It is apparent that since that time, he began associating with a negative peer group, as we say here in the law. He speaks of a gangster lifestyle in his own comments.

He has also developed an alcohol problem described primarily as a binge drinking kind of alcoholism. He candidly admitted that he was involved in this offence out of greed. [ 8 ] He spoke very eloquently in court today. He read a letter that he had prepared talking about how he wants to leave this kind of life behind and pursue something better and pursue a life that he and his family can be proud of, and we can all encourage him to do that. Clearly, Mr. Blore is a good person who has done some very bad things. [ 9 ] Mr. Blore's record, as I noted, commences in August of 2006 with an assault.

He received a discharge. In May of 2007 there was a second conviction for assault. The sentence appears to be a suspended sentence for one year. [ 10 ] There are a couple of breaches which follow in 2006/2007. On February 3rd of 2006, an offence arose, which was dealt with May 28th, 2007. He was found in a vehicle where a shotgun was located, and I gather he himself was in possession of bear spray. On August 2nd, 2007, there is an offence of robbery. That was dealt with November 19th, 2007. He received a credit for seven months jail time and two months.

I am not sure if that is a nine-month sentence or a 5.5-month sentence, but in any event, a previous conviction for robbery. [ 11 ] There is a drug offence in July of 2009 and another breach in September of 2009. At that same time, he dealt with another two firearms offences which arose March 18th, 2009. One was possession of a handgun and the second was possession of that handgun contrary to a firearms prohibition. The Crown says he was actually bound by three different firearms prohibitions at the time of the offence before the court. [ 12 ] His co-accused, Mr. Winger, received a sentence of six years.

His other co-accused, Mr. Chaif-Gust, was sentenced by this court and received a sentence of five years. The Crown and defence agree that the range for such an offence is seven to nine years. They have come before the court with a joint submission of seven years. I indicated earlier, in my view, that is a reasonable joint submission and I will accede to it. [ 13 ] So, sir, if you will stand. [ 14 ] Mr. Blore, I am going to impose a sentence -- or the sentence will be the equivalent of seven years.

I am rounding the 16.6 months you have spent in custody down to 16.5 which will credit you with 33 months time served. You will receive, then, a sentence of new time of 51 months. [ 15 ] Pursuant to s. 109(3) of the Criminal Code , I am prohibiting your right to possess any firearms, crossbows, prohibited weapons, restricted weapons, imitation weapons, prohibited devices, ammunition, prohibited ammunition, explosive substances, or all such things and any related authorizations, licences, and registration certificates for life.

I take it you have none to surrender at this time? [ 16 ] THE ACCUSED: No, I agree. [ 17 ] MR. IP: Given his custodial sentence, can I ask that the victim fine surcharge – [ 18 ] THE COURT: Yes, I will – [ 19 ] MR. IP: -- be waived, please. [ 20 ] THE COURT: -- and I will sign -- have you looked at the order? [ 21 ] MR. IP: I have, Your Honour, and I have got no problems with it. [ 22 ] THE COURT: Yes, all right, the order is signed, so – [ 23 ] MR. IP: And I think you did not give him the DNA order yet. [ 24 ] THE COURT: No, thank you. Yes, I will order that you provide a sample of your DNA.

That is on a primary-ground basis. [ 25 ] Any other housekeeping matters that we need to deal with? [ 26 ] MR. IP: No. [ 27 ] THE COURT: I will give you back your book of authorities – [ 28 ] MR. IP: Thank you. [ 29 ] THE COURT: -- and the Information. Okay, anything further? That is everything? [ 30 ] MS. OSTRY: Just to stay the remaining counts that deal with this accused, Blore. I think that is Count 2 and Count 5 on the Information. [REASONS FOR SENTENCE CONCLUDED]