R. v. Reece Date:, 2017 BCPC 304

Citation: R. v. Reece Date: 20170911 2017 BCPC 304 File No: 64315-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RYAN BRANDON REECE ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. CHALLENGER Counsel for the Crown: L. Sarbit Counsel for the Defendant: H. Lucky Place of Hearing: North Vancouver , B.C. Date of Hearing: September 11, 2017 Date of Judgment: September 11, 2017

[ 1 ] THE COURT: I will give brief reasons orally here today on this matter. Ryan Brandon Reece has pled guilty to one count of driving while disqualified arising April 20th, 2017, in Squamish and one count of break and enter and commit theft of a motor vehicle, April 19th, 2017 in Agassiz. [ 2 ] The circumstances of the break and enter are that Mr. Reece knew a neighbour was away.

He kicked in the door of the garage, kicked in the door of the house, and drank to the point of blackout and then took a vehicle. [ 3 ] These are circumstances that I am not taking into account on the imposition of sentence, but there certainly is a strong suggestion that, after breaking and entering, he took the keys to a vehicle that belonged to the homeowner and made his way to Squamish. Someone matching his description was seen trying to flag other vehicles down on the Sea to Sky Highway next to the vehicle which had been taken in the break and enter. At that time, that person was wearing a housecoat. Mr.

Reece then arrived at the home of a friend. The father of his friend described him as highly intoxicated and drove him to McDonald's. He made his way back up to Agassiz, drank again, went back into the house, took a second set of keys and vehicle from the victim home. So it is the April 20th driving that forms the foundation for Count 1. On that day, he came back to Squamish. He went again to the friend's house. This time the father called 911. Just a couple of hours later he was found with the stolen truck, intoxicated. [ 4 ] All of that is of particular moment with respect to Mr.

Reece because his last conviction was a charge of criminal negligence causing death. On that occasion, in November of 2012, he was highly intoxicated. He was driving a truck and went racing down Government Road in the Brackendale area, hit a young mother in her car and killed her. At the time of this offence, his warrant of committal on that three-and-a-half-year sentence had expired only one month before. To Mr. Reece's credit, he had been out of custody on day parole for over a year at the time he relapsed and committed the offences before the court. [ 5 ] Mr.

Reece has had issues with alcohol and alcohol abuse since he was 13. He reports drinking daily from that age on in his life. His mother was an alcoholic. His father drank until he was age seven. He was subjected to violence in the home, abuse by his mother, and neglect. In fact, by the time he was a young boy in elementary school, he had to act as a parent to his two younger siblings. [ 6 ] His criminal history commences in 2008 with a mischief. Every single conviction on his record relates to his alcohol addiction. There is a relationship assault in July of 2009.

There are a couple of breaches, again, which relate to alcohol, but that is in 2010/2011. In 2013, there is an over .08; later that year, there is an obstruct-peace-office, escape-from-custody, and taking-auto-without- owner's-consent.

In August of 2013, there is a driving-while-disqualified and then, finally, the conviction entered October 15th, 2014, for the criminal negligence causing death. [ 7 ] So what the record reflects is a longstanding problem with alcohol, but not someone who is necessary criminally entrenched given his lengthy addiction to alcohol and the relatively, save for the last conviction, un-aggravated criminal history. There is a presentence report before the court, and what it indicates is that when Mr.

Reece is able to maintain his sobriety, which so far has only been on an in-custody basis or for fairly short periods of time in the community, he shows a motivation to change. He demonstrates insight into his difficulties and understanding of what he needs to do to overcome his addiction. [ 8 ] While he was on parole, there were three breaches, all of which involved simply consuming alcohol. All of the circumstances surrounding those demonstrate that Mr.

Reece has emotional issues which make it difficult for him to cope with the circumstances of his life and I would describe it as him having little, if any, resilience in his personality and emotional state when dealing with any kind of challenges such as an argument with his girlfriend. On one occasion, he relapsed on parole because he missed his bus which caused him to miss an AA meeting. So those kinds of circumstances are sufficient to push Mr. Reece back into the use of alcohol. [ 9 ] He says, on this occasion, he worked very hard to find a job which is difficult for him given his criminal history.

He finally found a job, but it was up in the Agassiz area. He then found a residence he could afford, but the residence he could afford was isolated. He did not have the ability to drive. I am going to infer he had limited funds. There was little cell or phone coverage in the area. He could not get to town to get his medications, and he could not reach out for support in the community as a result of all these issues. Why Mr.

Reece would have chosen to put himself in that position is likely because he does not have good problem-solving abilities and a lack of foresight as to what his needs would be upon release. [ 10 ] All of that goes back to the fact that, since age 13, he has been drinking on a daily basis. He has an entrenched alcohol addiction. Clearly, he suffers from the disease of alcoholism and has suffered from that disease his entire life. He remains in the grip of an entrenched addiction. He knows that. I do not have to tell him that. It is ruining his life.

He does not want to drink, he wants to do better, but he simply falls down in his efforts once he is in the community. [ 11 ] He needs long-term psychological assistance, he needs long-term emotional support, and as he said today in his comments, it is clear he needs long-term treatment. He does have a plan to go to a facility up in the Fraser Valley followed by a long-term treatment program.

That will have to wait now until he finishes serving this sentence. [ 12 ] This is a joint submission before the court for a sentence of two years less a day with credit for time served and probation for three years which will give the community and society the longest period of time, given an appropriate range of sentence, to have control over Mr. Reece upon his release. He is desperate to do better in his life. [ 13 ] The aggravating factors of this sentence are the driving while disqualified and the circumstances in which he was driving while disqualified.

Frankly, the circumstances of break and enter of the dwelling house pale in comparison to the seriousness of his driving. It is not often that we can say that, a break and enter would pale in comparison in terms of its seriousness to a drive-while-disqualified, but for Mr. Reece that, in fact, is true. [ 14 ] I have a joint submission before me by two very competent counsel and I accept it as an appropriate disposition in this matter. I should comment, though, Mr. Reece, I might well have considered a significant federal sentence because of the risk you presented. What if you had killed another person?

You do not even remember driving. And I know that you are not making rational decisions because of

your addiction, but surely you can understand that no one will have any sympathy for you, sir. I think the phrase, "throwing away the key" is what might well be applied if you ever are found drinking and driving again. Your whole life will be over and that would be a tragedy because what the report indicates is, when you are sober, you are a nice fellow. You have skills. You can do well. You could have a decent life. [ 15 ] So I wish you well, Mr. Reece.

I hope you get the help you need and that, during your time in custody, you do whatever you can to continue with your rehabilitation and not lose hope. [ 16 ] So there will be a sentence of two years less a day with credit for 218 days. The record will reflect 145 days of actual time served. [ 17 ] That sentence will be followed by probation for three years. The terms of the probation will be, 2001, you must keep the peace and be of good behaviour. You must appear before the court when required to do so by the court.

You must notify the court or the probation officer 30 days 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. [ 18 ] You must report -- this is 2104, Madam Clerk. You must report in person to a probation officer at 100, 233 West 1st Street, North Vancouver, British Columbia, within two business days of your -- after your release from custody, unless you have obtained, prior to your release, written permission from the probation officer to report elsewhere or within a different timeframe.

After that, you must report as directed by the probation officer. [ 19 ] 2203, you must reside at a residence approved in advance by the probation officer.

You must provide your probation officer with your phone number, and you must not change your residence or your phone number without written permission from your probation officer. [ 20 ] 2002, you must have no contact or communication directly or indirectly with Frank Kipps. [ 21 ] 2005, you must not go to or be within 50 metres of any residence, school, or workplace of Frank Kipps. [ 22 ] 2401, you must not possess or consume alcohol, drugs, or any other intoxicating substance except in accordance with a medical prescription. [ 23 ] 2404, you must not enter any liquor store, beer and wine store, bar, pub, lounge, nightclub, or beer garden or any other place where the primary commodity sold is liquor. [ 24 ] 2501, you shall attend, participate in, and successfully complete any assessment, counselling, and/or programming as directed by and to the satisfaction of your probation officer.

Without limiting the generality of this condition, such counselling or program may, at the discretion of your probation officer, relate to alcohol or drug abuse. [ 25 ] 2504, having consented, you must attend -- and I assume that this means any residential treatment or recovery program -- [ 26 ] MS. SARBIT: Yes. [ 27 ] THE COURT: -- because that is what was in his bail. All right. [ 28 ] Having consented, you must attend, participate in, and successfully complete any residential treatment or recovery program as directed by your probation officer.

You must comply with all the rules of the program so long as the rules do not conflict with this order or the directions of your probation officer. If they do conflict, you must advise your probation officer as soon as possible. When the program ends, you must immediately provide proof of your completion of the program to your probation officer. [ 29 ] And what about this "to be released"? [ 30 ] MS.

SARBIT: I do not think that particular condition applies, Your Honour. [ 31 ] THE COURT: Okay, a bit difficult to foresee at this point. [ 32 ] 2624, you must not occupy the driver's seat of any motor vehicle; and 2626, you must not enter any motor vehicle, other than public transportation, unless the registered owner of the vehicle is present or a person authorized to operate that vehicle is present in the vehicle. [ 33 ] Pursuant to s. 259 of the Criminal Code , there will be a five-year prohibition which is consecutive to the 10-year prohibition imposed on your earlier conviction; and you will provide a sample of your DNA - this is Count 2, Madam Clerk - on a primary ground basis, and is that everything that we need to address? [ 34 ] MR.

LUCKY: I think just the victim fine surcharge. I would ask Your Honour to waive that in the circumstances or, I am not sure, find him in default, I am not sure -- [ 35 ] THE COURT: Yes, all right. [ 36 ] MR. LUCKY: -- what we are at right now. [ 37 ] THE COURT: Mr. Reece, I will find that you do not have the ability to pay the victim fine surcharge, find you in default, impose one day -- make it payable forthwith, impose one-day concurrent with the sentence just imposed. [ 38 ] I will return his certificates to you, Mr. Lucky.

[ 39 ] MR. LUCKY: Thank you, Your Honour. [ 40 ] THE COURT: He might want to keep those. [ 41 ] MR. LUCKY: Thank you, Madam Registrar. [ 42 ] THE COURT: Good luck, Mr. Reece. [ 43 ] THE ACCUSED: Thank you. [ 44 ] THE COURT: Okay. Do not lose hope. [ 45 ] THE ACCUSED: Thank you. [ 46 ] THE COURT: Okay. [ 47 ] MS. SARBIT: Crown directs a stay of proceedings on Count 3. Thank you. [ 48 ] MR. LUCKY: On Count? [ 49 ] MS. SARBIT: Three. [ 50 ] MR. LUCKY: Thank you. [REASONS FOR SENTENCE CONCLUDED]