R. v. Howe Date:, 2011 BCPC 128

Citation: R. v. Howe Date: 20110316 2011 BCPC 0128 File No: 56360-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JEREMY HOWE ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE C. BAIRD ELLAN Counsel for the Crown: C. B. Johnson Counsel for the Defendant: A. Wolf Place of Hearing: North Vancouver , B.C. Date of Judgment: March 16, 2011 [ 1 ] THE COURT: I have before me the offence of theft of a motor vehicle, property of Norman Tuchon, an individual you met in Quebec at a truck stop and essentially befriended and asked for employment.

He took you into his residence and you stole his truck while he was away. Although he told you not to use it, you took it from Quebec all the way out here to Vancouver Island. You used it for some time, a couple of weeks I guess, or more, until you were caught by police, perhaps because they were not all that observant until then.

Because it was pretty obvious, at least once somebody checked the licence plate, they were going to find it was stolen, and in that respect the offence is somewhat unsophisticated. [ 2 ] You picked up a passenger along the way and you said it was a joy ride that had not ended, but it is a little more than that. It is a breach of Mr. Tuchon's trust, too, right? He had you under his roof, and how you repaid him was to wait until he left town and take his truck. [ 3 ] It is a theft under $5,000, I take that into account, proceeded with by indictment. The maximum sentence is two years.

You are not the worst offender, so I do not think the maximum sentence is applicable or appropriate, nor does the Crown suggest that. It is just one to one-and-a-half years consecutive because of the aggravated features here, not the least of which is your record, that goes on forever. It seems you get out, you do something probably very similar to this, then you go back in. And you have been across the country doing that, so you are kind of a national car thief, I think, probably.

Probably one of those people that is known around. [ 4 ] But I have to also take into account the mitigating features and other principles of sentence. You have entered a guilty plea at the

earliest opportunity. You have completely admitted it. I have said it was not sophisticated. You were cooperative. And as a result of this offence, as with prior offences, you are going to be re-committed on that 30-month sentence from '05 that you have yet to finish serving, with all the consecutive sentences that go along with it. I do not know what your release date would be without this. I do not know if you know that as yet. But I also have to consider the totality of what you get here today and how it affects prior sentences.

I have not actually sat down and done the math to see what the total sentence was, because you had a six-month consecutive on each. [ 5 ] THE ACCUSED: Seven years, seven months, 19 days. [ 6 ] THE COURT: Yes. So I am going to be adding to that with this. I think it has to be added to, because you were out on parole when you committed the offence. It goes hand in hand that it would be consecutive. [ 7 ] Bearing in mind all the mitigating features, and I have to comment, I already have; I do not think the Crown's position is at all unreasonable. Nonetheless, I am not going to impose that length of time.

I am going to impose nine months consecutive. I really think that is the least amount that I could do in the circumstances with all of the mitigating features. [ 8 ] So it will be consecutive. You will be in the Federal system because of the total length. There are lots of programs there. The first thing you do when you get classified is ask about that, and keep asking until you get them.

Maybe you will come out at whatever, age, thirty something maybe still, and you will be able to do something constructive with your life. [ 9 ] THE ACCUSED: Thank you. [ 10 ] THE COURT: Good luck to you. [ 11 ] THE ACCUSED: Thank you. (REASONS FOR SENTENCE CONCLUDED)