R. v. Wiebe Date:, 2013 BCPC 177

Citation: R. v. Wiebe Date: 20130506 2013 BCPC 0177 File No: 61286-1K Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JORDAN TAYLOR WIEBE ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE MacKAY Counsel for the Crown: G. Lindsey Counsel for the Accused: G. Gill Place of Hearing: Chilliwack , B.C. Date of Hearing: May 6, 2013 Date of Judgment: May 6, 2013 [ 1 ] THE COURT : Stand up, Mr. Wiebe. Is there anything you want to add to what Mrs. Gill has told me?

[ 2 ] THE ACCUSED: No, sir. I can't change the past but I can change the future and I know what I need to do, and that's all I have to say. [ 3 ] THE COURT: Okay. Well, I hope those are not just words you are mouthing because so far your past has been one predictable series of committing criminal offences over and over and over again. Until Mrs. Gill brought out the fact that crystal meth is involved in your life, it did not make much sense to me. It struck me as somewhat of an enigma, but crystal meth is well known to these Courts at least.

It turns everything on its head, ruins lives, causes people to behave in irrational and anti-social ways. That seems to have been the story with you. [ 4 ] I am confident that left to his own devices Mr. Wiebe is not going to have the necessary insight and self-discipline to follow through and turn his life around.

Certainly that would be my hope but in my view given the length of his record, he is getting towards the point that the Court has to consider protection of society to be the principal objective when he is before the courts for sentencing. [ 5 ] Crown is seeking six to nine months and is urging me to impose a sentence in the higher range. I am mindful of that and I am mindful of Mrs. Gill's submissions based on her instructions, but again at this point it seems to me that Mr.

Wiebe, however much he would like to turn things around theoretically, is either incapable or, when push comes to shove, unwilling to take the necessary steps. [ 6 ] There will be a sentence of nine months. I will give him credit... [DISCUSSION BETWEEN COURT AND COUNSEL RE CREDITED TIME] [ 7 ] THE COURT: All right. I will give him credit of 26 days. That will be followed by two years' probation with the following terms: 1. You will keep the peace and be of good behaviour. 2. You will appear before Court when required to do so by the Court. 3.

You shall notify the court or your Probation Officer in advance of any change of name, or address, and promptly notify the court or the Probation Officer of any change of employment or occupation. 4. You shall report in person to a Probation Officer within 72 hours of your release from custody at the office of Chilliwack Community Corrections, 45960 Wellington Avenue, in Chilliwack, B.C. and you shall thereafter report as and when directed by your Probation Officer and in the manner directed by your Probation Officer. 5.

You shall inform your Probation Officer of your present residential address and phone number and not change that address or phone number without prior written notice to your Probation Officer. 6. You shall have no contact or communication, directly or indirectly, with Kara Brommeland, except for the purpose of arranging, facilitating, or exercising access to your child in accordance with a Family Court order or written separation agreement and/or except for communication through legal counsel. 7.

You shall not attend at any residence, place of employment, or place of education of Kara Brommeland that is known to you or may become known to you. 8. You shall not possess any weapon as that term is defined in s. 2 of the Criminal Code . 9. You shall not possess any knife or knives outside of your residence except for the purpose of preparing or consuming food, or for purposes directly and immediately related to the course of your employment. 10.

You shall not possess or consume any alcohol or controlled substance within the meaning of s. 2 of the Controlled Drugs and Substances Act except as prescribed by a licensed physician. Just to be clear, crystal meth is a controlled substance. 11. You shall attend for, participate in and complete, to the satisfaction of your Probation Officer, any counselling or program as directed by your Probation Officer.

Without limiting the generality of this condition, such counselling or programming may, in the discretion of your Probation Officer, include counselling for alcohol or drug abuse, and/or residential treatment for alcohol or drug abuse. That might get you a little bit easier entry into Maple Ridge Treatment Centre if that is truly what you want to do. 12. While on probation, you shall obey a curfew by being inside of your residence between the hours of 11:00 p.m. and 6:00 a.m. each day, subject to the following exceptions: (

a) with the written permission of your Probation Officer to be outside of your residence during the hours specified in such written permission, in which case you are to carry a copy of such written permission on your person and present it to any Peace Officer or Probation Officer who requests to see it. Such permission is to be given only for compelling personal, family or employment reasons. [ 8 ] I will waive the victim fine surcharge. There will be a DNA order in the usual terms. There will be a firearms prohibition pursuant to s. 110 of the Criminal Code for a period of ten years. [ 9 ] MR.

LINDSEY: Crown directs a stay of proceedings on Count 1. (ORAL REASONS FOR SENTENCE CONCLUDED) ______________________ R.C. MacKay J.