R. v. M.T.Z. Date:, 2011 BCPC 200

Citation: R. v. M.T.Z. Date: 20110623 2011 BCPC 0200 File No: 56197-2-C Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. M.T.Z. ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE W. J. RODGERS Counsel for the Crown: L. Falloon Counsel for the Defendant: J. Waddington Place of Hearing: North Vancouver , B.C. Date of Judgment: June 23, 2011 [ 1 ] THE COURT: Mr.

Z. comes before the Court having entered a plea of guilty to a charge that on the 11th of February, 2011, in North Vancouver, British Columbia, he broke and entered a place, a dwelling house, situate at [address removed] and committed the indictable offence therein of theft. The charge is contrary to s. 348(1) (

b) of the Criminal Code . [ 2 ] At approximately 9:00 p.m. on the 11th of February, 2011, the woman who lived at [address removed] came home. She entered her home through the garage. Mr. Z. was inside the house. He ran out the door carrying a laptop and other items. When the woman called to him, Mr. Z. fled. [ 3 ] The police immediately responded and began to search the area. Mr. Z. was found nearby. He was in possession of the laptop and some cash and other items which had been taken from the home.

The police investigated further and found that the house had been entered by the sliding glass door at the rear which had been damaged. [ 4 ] When Mr. Z. was searched, he was found to be in possession of a pry bar, a screwdriver, and gloves. He explained to the police that the reason he had committed this crime was because he owed money. [ 5 ] I have had the opportunity of reading the very thorough presentence report prepared with respect to this. I do not intend to review in great detail the background of Mr. Z. His life has been difficult.

His mother is present in Court here today and she has done her best in very difficult circumstances to provide care and guidance to Mr. Z.

[ 6 ] He is presently 33 years of age. He completed perhaps a grade 8 education. He has abused alcohol, heroin, and other substances. He has been able to deal with the heroin addiction according to the report. He has attended a number of programs designed to assist him in dealing with the various challenges. [ 7 ] Mr. Z.'s father passed away some 10 days prior to this offence. This caused him a great deal of upset. [ 8 ] The criminal record of Mr. Z. is an aggravating factor. 1995, in Youth Court, he was convicted of break and enter and theft. Later in 1995, he was convicted of theft and break and enter.

That, as I have said, was in Youth Court. [ 9 ] 1998, he was convicted of theft and placed on probation. Later in 1998, he was convicted of a number of charges of breaking and entering and attempting to break and enter. He received a jail sentence of nine months. [ 10 ] In 2000, he was convicted of break and enter and received a six-month jail sentence. He received one day in jail for assault. [ 11 ] 2001, he was convicted of breaking and entering and failing to appear in Court.

With respect to the break and entering charge, he received a three-month conditional sentence and received one day in jail for failing to appear in court. [ 12 ] 2003, he was convicted of three counts of robbery and sentenced to two days in jail. A DNA order was imposed and a lifetime firearms prohibition. Later in 2003, he was convicted of possession of stolen property and sentenced to six months in jail concurrent to the two-year jail sentence he had received earlier.

Later in 2003, he was again convicted of break and enter and sentenced to six months in jail concurrent with the earlier disposition. [ 13 ] 2007, he was convicted of breach of recognizance and received a one-year probation order and a suspended sentence. [ 14 ] 2008, he was convicted of breach of a probation order. He was sentenced to one day in jail, but he had served 16 days awaiting disposition. [ 15 ] In 2009, he was convicted of assault, received one day in jail, and a probation order. In February of 2009, he was convicted of possession of stolen property over $5,000.

With respect to that offence, he was found in possession of property that had been stolen from a residence. Remarkably enough, he received a suspended sentence and a two-year probation order. [ 16 ] This was clearly the last chance for Mr. Z. to deal with the various issues which were facing him. He is still on probation as a result of that disposition. It is an aggravating factor that despite being on probation and despite having such a lengthy record, he is unable or unwilling to take the necessary steps to change his life. [ 17 ] Counsel for Mr.

Z. suggests that a conditional sentence order would be appropriate. His mother and his cousin are in Court here today offering their support. It is proposed that Mr. Z. could attend at the VisionQuest residential treatment program. He could also live with his cousin who is here in Court. Both his mother and his cousin say that with a little bit of support and guidance, Mr. Z. could change his life for the better. [ 18 ] I do not agree that a conditional sentence order is appropriate in this case. Mr. Z.'s lengthy criminal record calls for an imposition of a lengthy jail sentence.

The circumstances of this offence are aggravating. It was a break and enter into a dwelling house. There was an inadvertent confrontation with the homeowner. Of course, there was no violence by Mr. Z. He simply fled when his crime was discovered. [ 19 ] Crown counsel suggested that a sentence of two years less one day would be appropriate. I certainly agree that a two-year sentence is the appropriate disposition. Counsel for Mr. Z. proposed that in the event that the Court did not accede to the suggestion of a conditional sentence order that a sentence of two years in jail should be imposed so that Mr.

Z. could serve his sentence in a penitentiary and receive the counselling and treatment which is available in those types of facilities. [ 20 ] I have to take into consideration the fact that Mr. Z. has served 98 days in jail pending this disposition. The sentence will be two years plus 98 days in jail, taking into consideration the fact that he has already served the 98 days in jail awaiting disposition and he must be given credit for that length of time. [ 21 ] He is going to be placed on probation for a period of two years. The terms are as follows.

The probation order will commence at the end of his jail sentence. [ 22 ] He is to report within 48 hours from his release from prison to his probation officer as directed by his parole officer. [ 23 ] He is to be of good behaviour and keep the peace. [ 24 ] He is to report as and when directed to his probation officer. [ 25 ] He is to advise his probation officer of his residential address and he is not to change that address without first obtaining the permission in writing of his probation officer. [ 26 ] He is not to attend at the lands and premises at [address removed] in North Vancouver. [ 27 ] He is to have no contact directly or indirectly with M.G. [ 28 ] He is not to be in possession of any firearms, ammunition, or explosives and other items enumerated in s. 515 of the Criminal Code .

He is not to be in possession of any weapons or imitation weapons. [ 29 ] He is not to be in possession of any knives save and except such knives as are necessary for the immediate preparation and consumption of food or to carry out his duties and employment at his place of employment.

[ 30 ] He is not to be in possession of any tools or instruments suitable for breaking into buildings or vehicles save and except those tools necessary to carry out his duties of employment at his place of employment or while travelling directly to and from his place of employment. [ 31 ] He is to take counselling as directed by his probation officer including counselling for substance abuse and, if directed by his probation officer, he will reside at a residential treatment facility and abide by the rules and regulations of that facility and he will participate to the satisfaction of his probation officer in any counselling program offered by the residential treatment facility. [ 32 ] There is no victim fine surcharge. [ 33 ] There will be a DNA warrant executed while Mr.

Z. is in custody. [ 34 ] Is there anything else, Ms. Falloon, that I may have overlooked? [ 35 ] MS. FALLOON: No, Your Honour. [ 36 ] THE COURT: Do you wish to speak to the remaining counts in the Information? [ 37 ] MS. FALLOON: Directing a stay of proceedings. [REASONS FOR SENTENCE CONCLUDED]