R. v. Jalava Date:, 2012 BCPC 248

Citation: R. v. Jalava Date: 20120103 2012 BCPC 0248 File No: 56245-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RANDY THOMAS JALAVA ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. CHALLENGER Counsel for the Crown: M. Mahoney Counsel for the Defendant: H. Chambers Place of Hearing: North Vancouver , B.C. Date of Judgment: January 3, 2012 [ 1 ] THE COURT: Well, Mr. Jalava, you are to a great extent the author of your own misfortune here because, you know, you

[ 1 ] THE COURT: Well, Mr. Jalava, you are to a great extent the author of your own misfortune here because, you know, you started out a long time ago in 1990 with a dangerous driving and then twice after that you drove while prohibited. [ 2 ] THE ACCUSED: That -- that was -- that was thrown out in -- in court and I don't know even – [ 3 ] THE COURT: No, sir, these convictions show on your record and this is a recently printed record. Then you have four 24- hour prohibitions in addition to those convictions; one for dangerous driving, two for driving while prohibited.

And then in June 2009 you were convicted of driving over .08, you got a 24-hour suspension at the same time, and since then you have already driven once and been fined and suspended -- a further suspension as a result of that so you have another prohibition under s. 259 for another 12 months. So if you do not want the police to hassle you stop driving your car while you are prohibited. [ 4 ] THE ACCUSED: It's parked. Yeah. [ 5 ] THE COURT: Right. It is an easy way to solve your problems.

If you somehow think the police are watching you and catching you then you should not be doing what it is they keep arresting you for. [ 6 ] In any event, I am going to take into account that you have a very limited income. I certainly cannot ignore your record. I also take into account the fact that in this matter Crown is not asking for jail, although on your last conviction you did serve seven days in jail. I am going to impose a fine.

It has to be a higher than normal fine for these matters to reflect the fact that this is your fourth conviction for driving while disqualified and your second Criminal Code conviction for driving while disqualified. The minimum -- is the minimum fine regularly not 500 – [ 7 ] MR. MAHONEY: Isn't – [ 8 ] THE COURT: -- under the Motor Vehicle Act ? [ 9 ] MR. CHAMBERS: Well, this offence has -- under the Motor Vehicle Act – [ 10 ] MR. MAHONEY: Under the Motor Vehicle Act , yes. [ 11 ] MR.

CHAMBERS: -- it's 500, yes. [ 12 ] THE COURT: All right, so I am going to use that as a guideline, sir, because, as I say, you could well -- on the next occasion you can expect that you will go to jail and you can expect that you will go to jail probably for three weeks. That is what you got on one of the others was 21 days so you are getting a bit of a break today and I am going to instead impose a $750 fine and there is a one year prohibition under s. 259 of the Criminal Code . [ 13 ] THE ACCUSED: Your Honour – [ 14 ] THE COURT: Yes. [ 15 ] THE ACCUSED: -- I, I -- I took my vehicle off the road.

My girlfriend -- my common-law [indiscernible] we live together now. We found a place where they would allow me to be on the rental agreement and why the other places wouldn't I don't know, however, we found a place that this has.

Now, my RV I took the plates off in October 24th, the day of my insurance cancellation, and ICBC is still withdrawing money out of my account. [ 16 ] THE COURT: Well, I cannot explain that, sir, except that you may owe a debt to ICBC, I am not sure, or you had an annual plan and they still are taking money – [ 17 ] THE ACCUSED: Well – [ 18 ] THE COURT: -- because you cancelled it too late in your plan, I do not know. You can talk to Mr. Chambers about that or you can contact ICBC to find out why they are doing that. [ 19 ] Do you need -- I take it he needs time to pay, Mr. Chambers? [ 20 ] MR.

CHAMBERS: Yes, I'd ask Your Honour to give him six months. [ 21 ] THE COURT: Okay. I will give you a little more than that, sir. I will give you till July 30th, 2012 time to pay the fine. [ 22 ] MR. MAHONEY: Thank you, Your Honour. [ 23 ] THE COURT: And – [ 24 ] MR. MAHONEY: Stay of proceedings – [ 25 ] THE COURT: -- I will waive the victim fine surcharge in his circumstances as he is unemployed. [ 26 ] MR. MAHONEY: Thank you, Your Honour. Stay of proceedings on the other two counts, please. [ 27 ] MR. CHAMBERS: Thanks, Your Honour. [ 28 ] THE COURT: Thank you. (REASONS CONCLUDED)