R. v. Torgerson - Excerpt Reasons for Sentence Date:, 2003 BCPC 130

Citation: R. v. Torgerson - Excerpt Reasons for Sentence Date: 20030327 2003 BCPC 0130 File No: 63260-2C Registry: New Westminster IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RANDY LEE TORGERSON EXCERPT FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE M. BULLER BENNETT Counsel for the Crown: K. Grant Counsel for the Defendant: J. Waddington Place of Hearing: New Westminster, B.C. Date of Hearing: March 27, 2003 Date of Sentence: March 27, 2003 [ 1 ] THE COURT: Mr.

Torgerson has pleaded guilty to a charge on Information 63260-C2, that on or about July 11th, 2002, at New Westminster, B.C., he did commit theft of a bicycle, the property of P.B., of a value not in excess of $5,000, contrary to s. 334 (

b) of the Criminal Code . [ 2 ] The circumstances, briefly, are that on July 11th, 2002, Mr. B.'s Cannondale bicycle went missing from his what appears to be third-floor balcony. There were no signs of forced entry into his suite. This Cannondale bicycle is worth about $3,500. [ 3 ] Forensic testing was done on the balcony at Mr. B.'s residence and fingerprints belonging to Mr. Torgerson were found on the balcony railing.

There were other footwear impressions found, as well, showing that whoever gained entry to the balcony came up over the balcony railing and then into the residence area. [ 4 ] The bicycle was never recovered. Mr. Torgerson, I understand, at the time when he committed the offence, had a drug problem, and I suppose it is not surprising the bicycle has not been recovered. [ 5 ] Mr. Torgerson is currently serving a two-year federal sentence for break and enter and theft, as well as theft under $5,000.

That sentence was imposed on September 11th, 2002. [ 6 ] I have a joint submission before me that there be a five-month concurrent sentence, primarily because Mr. Torgerson is doing well in a federal institution and he should be able to continue there. I agree. I think the five-month concurrent sentence is appropriate. [ 7 ] Mr. Torgerson, if you are getting help in the federal institution, that should continue without any interference, by me, any way. So the sentence is five months to be served concurrently with the sentence that is being served. [ 8 ] I will waive any surcharges. (EXCERPT CONCLUDED)