R. v. Oakley Date:, 2012 BCPC 276

Citation: R. v. Oakley Date: 20120727 2012 BCPC 0276 File Nos: 193671-1 193964-1 194118-1 194462-1 194685-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. DUANE EDWIN OAKLEY ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE K.W. BALL Counsel for the Crown: P. Barclay Counsel for the Defendant: J. Douglas Place of Hearing: Surrey , B.C.

Date of Hearing: July 27, 2012 Date of Judgment: July 27, 2012 [ 1 ] THE COURT : Mr. Oakley is before the court today on six different Informations. He has entered guilty pleas on one or more counts in each of those Informations. There are three Informations which involve possession of stolen vehicles. There is a theft under count and two prohibited driving -- just one prohibited driving count, I'm sorry. [ 2 ] MR. BARCLAY: Yes.

File 193965 is before Your Honour but the Crown will be staying that. [ 3 ] THE COURT: In any event, experienced counsel are before me and have obviously spent some time considering the appropriate disposition. As a result, I have before me a joint submission. The joint submission is that there should be a two-year jail sentence globally on these matters. I am satisfied that that is a fit and appropriate sentence. I think Mr. Douglas described it correctly as an "entry-level" federal sentence.

Given the number of stolen vehicles involved in these charges that is certainly, in my view, appropriate, given the problem that stolen vehicles are in this jurisdiction. [ 4 ] I will try and set this out as clearly as I can. In Information 193964, there is an allegation of possession of a stolen vehicle; it was reported stolen in June of 2012, and it was found by the Auto Crime Target Team. The accused was observed driving it. In addition, once he was arrested he was found to have in his possession some crystal methamphetamine, a small amount of 0.4 of a gram.

He was at the time, as he was in all of the files that involve driving, a prohibited driver. The other aggravating factor of this file is that when he was arrested, there was in his possession two Apple computers that came from a break and enter of an elementary school in Surrey. I recall the break and enter had a considerable amount of media attention at the time. [ 5 ] Reviewing the other Informations, Information 194118 involves theft of a gas tank which occurred in the early morning hours.

A report was given that a white van and its driver and passenger were attempting to steal items from the Teal Jones Group, including the gas tank. Mr. Oakley was located at the scene and has pled guilty to theft of the gas tank involved. [ 6 ] Information 193671 involved possession of a motor vehicle of a value under $5,000. In that case a vehicle was found stuck at a construction jobsite. Police quickly determined the vehicle was stolen. Mr. Oakley was the driver. The driver's door and the ignition were both damaged, evidencing a stolen vehicle.

He has pled guilty. [ 7 ] Information 194685 again is a possession of a stolen motor vehicle. The accused at that point was noticed to be driving at a high speed. He was pulled over by police. He identified himself and admitted that the vehicle was stolen. Again in that case the vehicle had a value of about $2,000 and the ignition had been pried open. [ 8 ] Information 194462 was a charge of driving while prohibited under the provisions of the Motor Vehicle Act of British Columbia .

In respect to that matter there will be a $500 fine and a one-year driving prohibition, which is the minimum for that offence. [ 9 ] With respect to Information 193964, I am going to assign a sentence of two years to Count 1 of that Information.

With respect to Count 4, there will be a sentence of one month concurrent with the two-year sentence. [ 10 ] On Information 194118 there will be a sentence of three months, again concurrent with the two-year sentence. [ 11 ] On Information 193671, there will be a sentence of one year, concurrent with the first sentence in 193964. [ 12 ] On 194685 there will be a one-year sentence, again concurrent with 193964, and with the other sentences I have related. [ 13 ] I recommend that Mr.

Oakley be given access to appropriate treatment and counselling at the earliest possible time once he enters the federal institution. [ 14 ] And I am waiving the surcharge. [ 15 ] MR. BARCLAY: Thank you, Your Honour. Crown directs a stay of proceedings on Information 193965 in its entirety. Crown also directs a stay of proceedings on Count 2 and Count 3 on Information 193964. I believe that should be all matters, but if I've missed a count, any remaining counts should be considered stayed at this time as well. [ 16 ] THE CLERK: 194685? [ 17 ] MR. BARCLAY: 194685? One moment, thank you, Mr.

Registrar. [ 18 ] THE COURT: That was the second driving while prohibited. [ 19 ] MR. BARCLAY: Count 2? I'll direct a stay on that count as well. (REASONS FOR SENTENCE CONCLUDED)