R. v. Sharp Date:, 2015 BCPC 391

Citation: R. v. Sharp Date: 20151209 2015 BCPC 0391 File No: 62322-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. MATTHEW JAMES FRANK SHARP ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. CHALLENGER Counsel for the Crown: G. Oh Counsel for the Defendant: M. Mines Place of Hearing: North Vancouver , B.C. Date of Hearing: December 9, 2015 Date of Judgment: December 9, 2015

[ 1 ] THE COURT: Matthew James Frank Sharp pled guilty to one count of dangerous driving. That allegation arose June 28th, 2015 at Whistler in British Columbia. [ 2 ] The circumstances are aggravated. At about four in the morning, a civilian contacted 9-1-1. That civilian was southbound on Highway 99. There was traffic approaching northbound, and this is in the area between the Municipality of Whistler and Pemberton. The vehicle which was approaching the civilian who called 9-1-1 was in that civilian's lane. In other words, Mr.

Sharp was operating his vehicle in the oncoming lane of the highway. [ 3 ] The person who contacted the police pulled over to the shoulder and said Mr. Sharp passed his vehicle close enough to touch it. [ 4 ] The RCMP were contacted and an RCMP vehicle from Pemberton began travelling southbound and again encountered Mr. Sharp travelling at a high rate of speed in the wrong lane, in other words, in the oncoming lane. The officer reported narrowly avoiding a head-on collision with Mr. Sharp at that point. [ 5 ] Mr. Sharp veered back into the proper lane of travel and kept going.

The officer turned around, put on his or her lights and sirens. Mr. Sharp stopped his vehicle on a 90-degree angle to the road. The officer got out and approached his vehicle at which point Mr. Sharp drove away. [ 6 ] As he drove away, he was in the oncoming lane, on the wrong side of the highway, with no lights on. Eventually he pulled over again and dropped his keys out the window. When he was searched, he was found in possession of a very small amount, .03 grams, of cocaine. Mr. Sharp refused to provide a sample of his breath for an approved screening device. [ 7 ] Mr. Sharp has no criminal history.

His driving history is limited but of note is a conviction from July 2005 for driving without due care and attention. At the time of the offence, he was not licensed and had been prohibited twice. [ 8 ] The Crown is opposed to a conditional discharge being granted to Mr.

Sharp and asks the Court to impose a $1,000 fine and a 12-month prohibition under s. 259 of the Criminal Code . [ 9 ] Defence counsel asks the Court to consider the imposition of a conditional discharge with a longer period of prohibition under s. 259 and he suggests probation for 18 months. [ 10 ] The Crown points to the significant community concerns which exist in and around the resort Municipality of Whistler as well as Pemberton and all the way up and down the Sea-to-Sky corridor.

It is a very dangerous highway at the best of times, let alone when one is impaired or under the influence of alcohol and driving as Mr. Sharp did on this occasion. He is lucky that no tragedy came as a result of this extremely dangerous driving. [ 11 ] Mr. Sharp has very sympathetic circumstances. He was cooperative and compliant with the police at the time. He expressed his remorse from the beginning of their dealings with him. He has been married for seven years and enjoys a stable relationship. He is 30 years of age and is of First Nations ancestry and lives in Vancouver.

He has been dealing with alcohol issues since his mid-teens and despite that has become an insurance underwriter and has been working for ten years with the same company. [ 12 ] As a result of this incident, he has taken things in hand. He is seeing an addictions counsellor, is taking Antabuse to prevent himself from any drinking, taking other counselling and is also seeing a medical addictions specialist. I am informed today that he is now engaged in the day program at the Edgewood Clinic for outpatient treatment.

He apparently does not have access to car keys and has not driven since the time of this offence. [ 13 ] His explanation for being on the road at the time was that he was with friends at Whistler and he had an argument with the person who had rented the accommodation and was told to leave. He believed he was going home to Vancouver although he was in fact heading north towards Pemberton. [ 14 ] Counsel for Mr. Sharp made eloquent submissions in support of a conditional discharge for these offences and referred the Court to R. v. Beaton , 2009 ONCJ 316 and R. v. Lesuk , 2000 MBCA 24 .

In both those cases a discharge was granted and one was an absolute discharge. [ 15 ] In Beaton , Mr. Beaton experienced a momentary loss of or lack of attention as a result of the death of his father. The Court found that he should not have allowed himself to keep driving in the emotional condition he was in. [ 16 ] R. v. Lesuk involves a charge of dangerous driving by an off-duty police officer. An absolute discharge was granted. He received a $500.00 fine for refusal to comply with a breathalyzer and a three-month driving prohibition and was discharged with respect to the dangerous driving.

There was a conviction entered. It was a dangerous driving causing death because the passenger of his motorcycle at the time was killed. [ 17 ] Neither Mr. Beaton or Mr. Lesuk in those cases had a history of driving offences as does Mr. Sharp. [ 18 ] I regret to say that in all the circumstances I am not able to conclude that a conditional discharge is an appropriate disposition in this matter. [ 19 ] Mr. Sharp, if you will stand. [ 20 ] I am sorry, Mr. Sharp, that I simply cannot come to that conclusion, so there will be a $1,000 fine and a prohibition under s. 259 of the Criminal Code for a period of 12 months.

[ 21 ] THE ACCUSED: Definitely. Thank you very much, Your Honour. [ 22 ] THE COURT: Thank you, counsel. I wish you luck, sir. [ 23 ] THE ACCUSED: Thank you. [ 24 ] MR. MINES: Thank you. Oh, yes. Sorry, with respect -– just a moment -– [ 25 ] THE ACCUSED: Yes, six months. [ 26 ] MR. MINES: Might he have six months please to pay the fine and I suppose the victim fine surcharge? [ 27 ] THE COURT: Yes. I will give you to June 30th, 2016 time to pay that. [ 28 ] MR. ACCUSED: Definitely, yes. [ 29 ] MR. MINES: And I will –- sorry, is there anything else? [ 30 ] MS.

OH: Yes, I am not –- I cannot recall whether I had a stay directed on the outstanding counts. If not, the Crown does so at this time. [ 31 ] MR. MINES: Thank you and I will direct Mr. Sharp to the Registry. [ 32 ] MS. OH: Thank you. [ 33 ] THE COURT: Thank you. [ 34 ] THE ACCUSED: Thank you, Your Honour. (REASONS FOR SENTENCE CONCLUDED)