R. v. Seyrafi Date:, 2012 BCPC 271

Citation: R. v. Seyrafi Date: 20120123 2012 BCPC 0271 File No: 57046-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. MOHAMMED SEYRAFI ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. CHALLENGER Counsel for the Crown: F. Gordon Counsel for the Defendant: A. Nelson Place of Hearing: North Vancouver , B.C. Date of Judgment: January 23, 2012 [ 1 ] THE COURT: Just some brief reasons here. Mohammad Seyrafi has pled guilty to a theft from Canada Safeway on August 6,

[ 1 ] THE COURT: Just some brief reasons here. Mohammad Seyrafi has pled guilty to a theft from Canada Safeway on August 6, 2011. [ 2 ] At the time he was an employee working at the tills. On that date he was being surveilled because of suspicions the employer had. He was noted to take $260 from a till. He made motions as though he were putting the money in the cash drop under his till but instead put it in his pocket. [ 3 ] He was interviewed.

He admitted to some shortages that had been noted by the store at his till earlier, and which resulted in the surveillance on the date in question, totalling $1,080. [ 4 ] There is a Pre-Sentence Report prepared in this matter. Mr. Seyrafi comes before the Court a 22 year-old man with no criminal history. The Pre-Sentence Report is a positive one. I am told that not only was he cooperative with the investigation, he has already made restitution in the full amount of $1,080 and has already undertaken counselling. [ 5 ] He has suffered some significant consequences.

His family takes the position that this was shameful, and because of his repeated promises to quit gambling and his failure to do so, they have now required him to leave the family home. They have also withdrawn any financial support for Mr. Seyrafi. As of February 1 st he will be out living on his own and supporting himself. [ 6 ] He is a student in international relations at UBC. He is going to finish those studies at the end of this year.

He apparently is able to achieve very good grades when he is not overcome by his gambling addiction. [ 7 ] Since committing the offence he has taken steps to deal with that addiction. He has already undergone counselling and has continued to self-exclude from casinos. He has also supplied a letter of apology to his former employer and did so at the time he made the restitution. [ 8 ] It appears Mr. Seyrafi has a promising future.

His goal has always been to become a lawyer, and of course should he make it through law school and wish to become a member of the bar he will have to answer to the Law Society with respect to this offence, regardless of whether he obtains a discharge today. He is otherwise a person of good character. His employer was contacted and said that he was a very good employee as well. [ 9 ] As Crown counsel has properly pointed out, employee theft is a significant breach of trust.

As a result of the capability it has to undermine the way in which we conduct business in our society, it has to be taken very seriously by the courts. [ 10 ] However, there are also many other authorities which indicate that rehabilitation in certain circumstances is still a principle to be given weight in these matters. Mr. Seyrafi is a relatively young adult first offender and so rehabilitation must loom large in any sentence that is imposed. It is clear that but for his gambling addiction we would not have seen Mr. Seyrafi before the Court.

His counsellor says that he is engaged in his counselling and making positive strides forward. He intends to carry on with his counselling even after today. [ 11 ] In all the circumstances, I am satisfied that a conditional discharge can meet the principles of sentence and would not therefore be contrary to the public interest and would be in Mr. Seyrafi's interest. [ 12 ] As a result I am going to grant a discharge. I am going to place Mr. Seyrafi on probation for a period of 18 months.

The terms will be that you will keep the peace and be of good behaviour and appear before the Court when required to do so by the Court. [ 13 ] You will report immediately after court today in person, to a probation officer at 100 - 233 West 1 st Street in North Vancouver and thereafter as and when directed by the probation officer. [ 14 ] You will provide your current residential address to the probation officer and not change that without their prior written consent. [ 15 ] Your will attend for, accept and complete any counselling that may be directed by your probation officer. [ 16 ] You will participate in the Elizabeth Fry Crime and Consequences Program as directed by your probation officer. [ 17 ] You are not to be found in any casino.

You will maintain a self-exclusion contract with the B.C.

Lottery Commission during the course of your probation. [ 18 ] You are not to participate in any games of chance. [ 19 ] You are not to attend to any Safeway store in the Province of British Columbia. [ 20 ] You will perform 50 hours of community work service under the direction of and to the satisfaction of the community work service officer and/or your probation officer within the first year of your period of probation. [ 21 ] You will advise your probation officer of the name, address and nature of any employment you may obtain. [ 22 ] Are those all the terms then, Ms. Gordon? [ 23 ] MS.

GORDON: Yes, Your Honour. Those are fine. [ 24 ] THE COURT: Now there is a $50 victim fine surcharge as well. Is he prepared to pay that, or are you asking that that be waived? [ 25 ] MR. NELSON: He is able to pay that, Your Honour.

[ 26 ] THE COURT: Okay. Time to pay that? Thirty days? [ 27 ] MR. NELSON: Thirty days should be fine. [ 28 ] THE COURT: Okay, February 29, 2012, time to pay victim fine surcharge. [ 29 ] All right, You will direct him to the registry? [ 30 ] MR. NELSON: Yes, I will. Thank you, Your Honour. [ 31 ] THE COURT: Good luck, sir. [ 32 ] THE ACCUSED: Thank you very much. (REASONS CONCLUDED)