R. v. Fabian Date:, 2010 BCPC 324

Citation: R. v. Fabian Date: 20101123 2010 BCPC 0324 File No: 57510-3C Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RYAN JOHN FABIAN ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE MACKAY Counsel for the Crown: C.M. Kramer Counsel for the Accused: C.S. Arnason Place of Hearing: Chilliwack , B.C. Date of Hearing: November 23, 2010 Date of Judgment: November 23, 2010 [ 1 ] This is a very serious matter.

I am told the robbery of a pharmacy in the Town of Hope took place on the date indicated in the Information -- April 1, of this year. [ 2 ] The three persons employed in that pharmacy no doubt will carry the image of the events that day for a long, long time. By their very nature, these events were terrifying. I have had the benefit of a victim impact statement which underscores that point.

The consequences not only were terror in the immediate moment but have continued to date. [ 3 ] The victim impact statement speaks of loss of productivity, fearfulness, distrust, and lingering emotional upset, to be general about it, all of which is perfectly understandable given that at least one gun was produced by the persons who entered the store. [ 4 ] Drugs were the object of this robbery. Mr. Fabian appears to have been one of the lesser participants in this scheme. Nevertheless, he did participate and did so willingly. [ 5 ] I understand Mr.

Arnason's comments that the reason he made a choice to involve himself might have had to do with some fear of one of the co-accused. He was by his own admission mixed up with a bad element and was in the midst of a drug run; his drugs of choice being heroin and Oxycontin. Oxycontin was the target of the robbery.

[ 6 ] Despite that fact, he does have some background that suggests he can live a productive and law abiding life if he gets straightened away on his unhealthy relationship with heroin and Oxycontin. [ 7 ] He has a three-and-a-half year old son that one would hope he is going to pay some attention to in the future in hopes that he can pass on some positive influences rather than a negative influence that is bound to result from criminal activities. [ 8 ] As has been pointed out by Mr.

Arnason and the Crown, this offence carries with it a minimum period of imprisonment of four years. [ 9 ] I am satisfied that the minimum sentence is appropriate here given his background, his relatively minor criminal record prior to this date, some signs of potential to rehabilitate himself, the fact that he told me he wants to get on with his time and attend to that together with his relatively minimal participation in this serious crime, the minimum sentence is appropriate here. [ 10 ] There will be, therefore, a sentence as follows. [ 11 ] First, to specifically follow the formula suggested by our Court of Appeal, I will put it as follows: a four year sentence of imprisonment is the appropriate sentence here. [ 12 ] He will be given credit for the time served in custody.

The time to be credited amounts to -- according to Mr. Arnason -- a period of three months and 22 days. The balance to be served is therefore three years, eight months and eight days. I think that should satisfy Corrections. [ 13 ] Second, as to DNA, this is a primary designated offence and therefore it is appropriate that the DNA order in the usual terms be pronounced. I will pronounce that order. [ 14 ] Third, there is a mandatory prohibition for firearms. The question is the length of time. In my view, given that this is a second offence in a very short period of time, a lifetime ban is appropriate.

There will be a lifetime ban on the possession of firearms. [ 15 ] Finally, I will waive the victim fine surcharge as it is clear that Mr. Fabian has no current prospects of paying it. [ 16 ] Mr. Fabian, people go to prison for these sorts of crimes all the time, the result of circumstances a lot like yours. You have something to live for in the form of your son. There are lots of folks you will find inside the prison who carry with them negative, bitter attitudes. On the other hand, there are others inside there who are genuinely interested in turning their lives around; it can be done.

I encourage you to find and associate with those people who have a positive attitude and make productive use of your time in prison. _____________________ R.C. MacKay Provincial Court Judge