R. v. Gladue - Excerpt Reasons for Sentence Date:, 2003 BCPC 344

Citation: R. v. Gladue - Excerpt Reasons for Sentence Date: 20030321 2003 BCPC 0344 File Nos: 66609-3C; 67109-1T; 67109-3AT; 67110-1T Registries: Port Coquitlam ; Edmonton IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. SHAUN GLADUE EXCERPT FROM PROCEEDINGS ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE P.L.J. DE COUTO Counsel for the Crown: A. MacDonald Counsel for the Defendant: J. Henry Place of Hearing: Port Coquitlam , B.C. Date of Hearing: March 21, 2003 Date of Judgment: March 21, 2003 [ 1 ] THE COURT: Mr.

Gladue, you have pleaded guilty to a number of offences before me set out in a number of separate Informations. Three of them are from Alberta and one locally from this area. [ 2 ] Of those, in my view, the most serious ones, as was pointed out, are the count out of this area, that of break and enter a dwelling house and possession of the motor vehicle, and the robbery out of Edmonton.

I say that because the break and enter of a dwelling house, as well as the robbery offence, provides, under the Criminal Code , for a maximum sentence of life imprisonment, so it seems that the legislators deemed them to be very, very serious. I think that certainly has a bearing when determining what is in an appropriate sentence in your case when there are aggravating circumstances such as your horrendous, lengthy record. The Crown points out that that record contains 34 convictions, four of which are for theft, nine for possession of stolen property, six for break and enter, and a robbery.

All of them relate to property-related convictions. When you add them up, it is about 21, or 23 including these two before me. [ 3 ] In addition to that, you also have four unlawfully at large and eight failure to comply, which suggests a concern with respect to your ability to abide by any court-imposed conditions. [ 4 ] I am told that with respect to the break and enter, it was fortunate that the residents returned and, in essence, caught the break and enter in progress, and you were involved. Property was removed from there. Found within the Jeep was also other property.

That was December of 2002. [ 5 ] Earlier that year, in April, you were involved in the robbery that you pleaded guilty to. That occurred in Edmonton. That involved a men's wear store. [ 6 ] The failing to attend court was when you were supposed to return to court on that case on May the 15th of the same year.

You did not show up. [ 7 ] Less than a month previous to that, on March the 29th, you were involved in driving a motor vehicle when you were prohibited from driving, which perhaps is again another indication of, for whatever reason, feeling that, it would appear on the face of it, that the law does not apply to you. [ 8 ] I accept all of what your counsel has said about your background, and it would seem to me, actually, to be consistent and reflected in and explains the kind of record that you have.

As I said, that may well explain where you come from and where you are at today, but it does not excuse that conduct. [ 9 ] It would appear, from previous convictions and probation, that efforts were made, in fact, to give you every opportunity, particularly to rehabilitate yourself; that, as a result, you were aware of those opportunities and what was available by way of resources. It would appear that, notwithstanding all of those, you made choices along the way, knowing that those choices brought you back into the criminal justice system, and I dare say, over and over again.

[ 10 ] The question is: what do we do now? It seems to me, quite frankly, bearing in mind what I said about the seriousness of the break and enter and robbery, and given the background I have before me, that a court could very easily, and perhaps should in fact consider, quite frankly, a penitentiary term here.

How many more times does society have to have you commit these kinds of crimes before someone will say enough is enough, that it is time to remove you from the community for a long period of time because you certainly have not, despite every chance given to you, taken that opportunity to rehabilitate yourself. None of these has acted as a deterrence to you, so that the only thing remaining, then, is to just remove you and remove you for a lengthy period of time for the safety and well-being of the community.

It is not that somebody has done that to you, but you have done that to yourself through your continued conduct and criminal behaviour. That is what it seems to me. I mean, with six priors for break and enter and all of that other stuff that I have just mentioned, when are they going to stop? It seems to me that it is not. If it is not going to stop, then what do we do about it? Well, one sure-fire way is, like I said, to remove you. [ 11 ] Probation, time and time again, has not worked. Not only has it not worked, but you have convictions for breaches. So what does that show?

That might not work this time around either. That is why I say it seems to me that it is certainly justified for a court to impose a lengthy period of incarceration. Like I said, federal penitentiary time. [ 12 ] But I am told that you are only 24. It seems to me tragic if one were at that point in time to say, "Well, we really have no further hope for you and that is the only way to deal with this." In other words, society is saying, "Let's turn our back on you because we have given up hope on you. We will turn our back on you and that is it." Maybe you are very close to that. I don't know.

If you are, and if you continue this, I can assure you that that is where it will be. But I know for a fact that you are very close to it, given your history.

Eventually, somebody is just going to get fed up and the court is going to say, like I said, enough is enough, because clearly, in terms of the factors of sentencing here, it would appear that deterrence, denunciation - and when I say "deterrence" I am talking about general deterrence - outweigh those factors dealing with the other principles of sentencing because it just has not worked in the past and there is nothing here that is of a convincing or persuasive nature to say that it is going to work this time around. [ 13 ] For that reason, I am, quite frankly, more inclined, if anything, to go towards the two years less a day suggested by the Crown as opposed to anything less.

You have been given every other chance in the past. That is just one small step short of a penitentiary sentence, which means that with that, if you keep it up, you are going there the next time around. But I do also take into account, as I think it appropriate here, the time you have spent in custody since December of last year. It is almost three months to the day, or one day over three months, which is equivalent to six months of dead time.

I certainly do take that into account in imposing the sentence. [ 14 ] Upon careful, as a result, consideration of what was said by both counsel, and bearing in mind the various principles of sentencing that I am bound to consider, I have concluded that in all of these circumstances there will be a global sentence of 18 months, bearing in mind time served, followed by a period of probation of 18 months.

When I say 18 months, I am talking about - I should make it clear - the break and enter and the robbery, followed by a period of probation of 18 months with a condition that you keep the peace and be of good behaviour; within 24 hours of your release you will report in person directly to the probation officer. Now, where would that be, Mr. MacDonald? Closest to where he is incarcerated or -- [ 15 ] MR. MacDONALD: I believe that it would be closest to where he's incarcerated. Again, I think that there will be a plan developed -- [ 16 ] THE COURT: All right. [ 17 ] MR. MacDONALD: -- as to whether Mr.

Gladue will stay here or return to Alberta. [ 18 ] THE COURT: All right. Closest to where you are incarcerated. On your first reporting, you will advise your probation officer where you will be residing at, that is the address and telephone number, if one is available, and you will not change your address without the approval of your probation officer. [ 19 ] You will also not be found in any motor vehicle unless the registered owner is present or you have the express permission in writing of the registered owner of the motor vehicle. [ 20 ] You will have no contact with C.G.P. while on probation. [ 21 ] MR.

MacDONALD: Your Honour, I had intended but neglected to ask the court to consider, in the circumstances, as well, in this case, of -- that an order that Mr. Gladue provide a DNA sample. These are -- [ 22 ] THE COURT: I was going to come to that later on. [ 23 ] I am not going to impose curfew, Mr. Gladue. It seems to me that with this record you are either going to continue or you are going to stop. Quite frankly, personally, I would be very surprised if you were to stop. So if you breach it, you breach it. You will come before the court and you will go through what I have just said. It is entirely up to you.

I am not going to impose a curfew. You know exactly where you are at and exactly where you are going, and you know it is entirely up to you now. [ 24 ] Any other conditions, Mr. MacDonald? [ 25 ] MR. MacDONALD: No, I -- I don't think so, Your Honour. [ 26 ] THE COURT: All right. [ 27 ] MR. MacDONALD: I'm sorry, did Your Honour put drug and alcohol counselling in there as a -- again, I think it would be -- if Mr. Gladue wishes to avail himself. [ 28 ] THE COURT: I am going to impose a condition that you will abstain from the consumption of alcohol or non-prescription drugs.

By "non-prescription drugs" I mean other than properly prescribed drugs or over-the-counter drugs available in a pharmacy. In

addition to that, I make it a condition that you will submit to a breathalyzer or urinalysis on demand of a peace officer or your probation officer to ensure compliance with that condition. [ 29 ] Lastly, in addition to that, in view of the nature of the offence that you were convicted on, I am going to make an order pursuant to the provisions of the Criminal Code for the providing of a sample for DNA analysis to be made. [ 30 ] Now, with respect to the fail to attend court and unlawfully operate a motor vehicle, I am going to impose a 30-day concurrent sentence on the fail to attend court and a 30-day concurrent sentence on the unlawfully operating a motor vehicle. [ 31 ] MR.

MacDONALD: And with respect, Your Honour, to 67109-2TA, I'll direct a stay of proceedings on that Information. And Count 2 on the substantive 66609 Information, I'll direct -- [ 32 ] THE CLERK: And is there a

section with the sample for the DNA? [ 33 ] THE COURT: Yes, there is, and -- [ 34 ] MR. MacDONALD: 487 -- I'll find it. 487.0 -- sorry, Your Honour, .051 [ 35 ] THE CLERK: Okay, 487.051? [ 36 ] MR. MacDONALD: Yes. [ 37 ] THE CLERK: Thank you very much. (EXCERPT CONCLUDED)