R v. Bimb Date:, 2014 BCPC 234

Citation: R v. Bimb Date: 20140806 2014 BCPC 0234 File No: 58561-1 Registry: RICHMOND IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. COLBY SATPREET SINGH BIMB REASONS FOR SENTENCE OF THE HONOURABLE JUDGE CHEN Counsel for the Crown: R. Fahmi Counsel for the Defendant: J. Tarnow Place of Hearing: Richmond , B.C. Dates of Hearing: March 25, 26, 27 and April 30, 2014 Date of Sentence: August 6, 2014

[ 1 ] THE COURT : As with any sentencing the court must consider the circumstances of the offence, the circumstances of the offender and any aggravating and mitigating circumstances, in trying to arrive at and craft a fit sentence. [ 2 ] With respect to the circumstances of the offence, basically the Accused was stopped at a roadblock and asked to pull over. The officer was of the opinion that he smelled contraband, being marihuana, obtained the Accused's driver's licence and then told him to pull over.

Notwithstanding that the officer was holding the Accused’s driver's licence, the Accused fled at a reckless rate of speed, giving rise to Count 2, driving in a manner that was dangerous to the public having regard to all the circumstances. The Accused submitted it was very late, in the early hours of the morning with very little traffic. However, that is where some very serious accidents have occurred. People think that nobody else is on the road and suddenly someone appears, resulting in innocent persons being seriously injured or even killed.

It is aggravating in that the two counts do compound each other. [ 3 ] Count 3 is also a very serious offence. The next morning, the Accused phoned the police and reported that his vehicle had been stolen. As a result, the Crown called a locksmith as an expert witness to give evidence that that vehicle could not have arrived at the location it was ultimately found in Richmond, without using a working key. There may be some merit in defence counsel’s submission that the circumstances of the offence show that the Accused, perhaps, was not thinking clearly that night when he fled the scene.

However, the Accused had more time to think about it by the morning, and he had a lot more time to think about it, before the trial. At the trial, it was clear to me, but certainly abundantly clear now after having read the Presentence Report, that Mr. Bimb concocted a story and stuck to it right through the trial, basically perjuring himself.

That is very concerning to me, that such a young person could be so brazen as to come to court, tell a story that is patently unbelievable, and not batting an eyelash, looking you straight in the eye while telling this story. [ 4 ] I relate all of this because all of this must go into my consideration of the circumstances of the offender. I have never seen this. I have been doing this for 14 years. I have never seen such a young person brazenly, without batting an eyelash, telling a story to the court that is patently unbelievable and ultimately, of course, untrue.

This was after he had had a long time to think about things. I can understand a foolish decision, perhaps under the influence of some substance, one evening making a terrible mistake that is out of character. But the continued acts of this Accused the next morning and right to the conclusion of trial are very concerning, and in my view, have to be considered as aggravating. [ 5 ] There are some mitigating circumstances. The Accused has no prior criminal history. He is young; hopefully he will learn from this experience. He does appear to express some remorse.

He expressed it again this morning. [ 6 ] In considering all of the circumstances of the offence, the circumstances of the offender, including the Accused’s conduct from the time of the offence to conclusion of the trial, the mitigating circumstances, and all of these aggravating circumstances, in my view the Accused is very fortunate that the Crown did not ask for a jail sentence. [ 7 ] Mr. Bimb, please stand. Mr. Bimb, I sentence you to pay a fine of a thousand dollars. How much time will he need to pay that fine and the victim fine surcharge? [ 8 ] MR.

TARNOW: I think it might depend on the rest of your sentence, Your Honour, in terms of both the driving prohibition if Your Honour's -- [ 9 ] THE COURT: There will be a driving prohibition. [ 10 ] MR. TARNOW: That's going to affect his income, so how long will the driving prohibition be if I may ask? [ 11 ] THE COURT: A year. [ 12 ] MR. TARNOW: Okay. Well, then I ask that he has a year to pay the fine. And I can assume that you're going to order restitution, as well. [ 13 ] THE COURT: Yes. The restitution stands alone. There is no deadline for that. It stands as a judgment.

He will have one year to pay the fine. [ 14 ] He will be placed on the terms of a probation order. The probation order will be for one year. The conditions of the probation order will be that you keep the peace and be of good behaviour; that you report to the court when required to do so by the court; that you report to a probation officer no later than 4:00 p.m. today in person and thereafter as and when and in the manner directed by the probation officer. On your initial report to the probation officer, you will advise the probation officer of your residential address and the details of your employment.

You will promptly notify the probation officer in writing in advance of any change of address or employment. You will abstain from possession or consumption of any substances prohibited under the Controlled Drugs and Substances Act , save and except where you have a valid medical prescription, and then only according to the dosages prescribed. You will comply by the terms of a curfew that will require you to remain in your residence between the hours of 9:00 p.m. and 6:00 a.m. seven days a week for the first six months of this order.

You will answer to the door and you will answer to the telephone should any peace officer or your probation officer or any person delegated by such persons or by Corrections attend at or telephone your residence for the purpose of monitoring this curfew.

You will attend school or seek and maintain employment as directed by your probation officer to the satisfaction of your probation officer, and you will provide contact information to your probation officer to confirm details of such attendance or employment. [ 15 ] Pursuant to s. 259 of the Criminal Code , I prohibit you from operating any motor vehicle in Canada in any street, highway or public place for a period of one year.

[ 16 ] Pursuant to s. 738 of the Criminal Code , I order that you pay restitution in the amount of $1,681.40 to the Insurance Corporation of British Columbia. That is a standalone order, not part of the probation. [ 17 ] This probation order will be read to you and you will be given a copy of it. You will have to sign it, but it is effective now. [PROCEEDINGS] [ 18 ] THE COURT: Well, which -- yes, I overlooked that there were three counts. [ 19 ] MR. FAHRNI: I'll propose that we put 500 each on the first two counts, driving counts. Because the restitution order is essentially based on the third count.

So all the cost and expenses were related to Count -- [ 20 ] THE COURT: So what about the third count then? There'll be no fine on that one? [ 21 ] MR. TARNOW: Yes, there should be a fine on each count. [ 22 ] THE COURT: Yes. Yes. Maybe 400, 500 and 100. [ 23 ] MR. FAHRNI: Certainly. [ 24 ] THE COURT: Something like that? All right, 400 on the mischief, 500 on the dangerous driving and 100 on the false report. Restitution will attach to Count 3, the false report. Will that work? [ 25 ] MR. FAHRNI: It works for me, Your Honour. Thank you very much. I'll advise Mr.

Tarnow. [ 26 ] THE COURT: All right, thank you. [ 27 ] MR. FAHRNI: I'll advise Mr. Tarnow. (REASONS FOR SENTENCE CONCLUDED)