R. v. Singh Date:, 2011 BCPC 373

Citation: R. v. Singh Date: 20111215 2011 BCPC 0373 File Nos: 220338-2-C; 222911-1-T Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. AMNINDER SINGH EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE T. GOVE Counsel for the Crown: J. Dow Counsel for the Defendant: S.R. Chamberlain, Q.C. Place of Hearing: Vancouver, B.C. Date of Judgment: December 15, 2011 [ 1 ] THE COURT: Amninder Singh is a 25 year-old young man.

I have had the benefit of a pre-sentence report, a forensic psychiatric evaluation, a letter from the accused addressed to the court, as well as letters from people who know him in the community. [ 2 ] Briefly, he moved from India to Canada 1999 and lives with his parents in Richmond. He is not a Canadian citizen. He was convicted in 2006 of robbery and in 2010 of impaired driving. [ 3 ] He has been employed. His problem is his use of alcohol, which has certainly been a major problem in his life. [ 4 ] The offences before me are in two groups.

Firstly, in December the 22nd 2010 in Richmond, while highly intoxicated, he assaulted a taxi driver and broke the taxi driver's headphones. He was released on bail. [ 5 ] Secondly, then between June 22nd and July the 4th, 2011 he and his male co-accused committed five robberies in an area around Cambie and Broadway in Vancouver. [ 6 ] The facts in the robberies were very similar. They occurred either in the daytime or early evening. What happened was that the two robbers approached individuals; one of them was in his car. They threatened and confined these individuals taking their property

and in particular, in most cases, a bank card with a PIN number, using the bank card to steal money from bank accounts. [ 7 ] They were arrested on July the 4th. Mr. Singh made a confession to the police to the effect that he was committing these robberies to finance an illicit drug business.

He has been in custody since, which is just over five months. [ 8 ] Crown and defence make a joint submission that I ought to take into consideration the time he has spent in custody, although the official sentence ought to be a sentence on the robberies of two years less one day, each of them concurrent, and on the theft and mischief, one year concurrent with each other and concurrent with the robberies. This will have the effect of keeping Mr. Singh in the provincial prison system. [ 9 ] The sentences will be as jointly submitted.

I concur, two years less one day for each of the five robberies concurrent with each other. The assault and mischief, one year on each concurrent with each other and concurrent with the two year less a day sentence. [ 10 ] These will be followed by a probation order, which for simplicity need be placed only on the Vancouver file. It will be for three years.

The statutory terms will apply, including to keep the peace and be of good behaviour. [ 11 ] He is to report to a probation officer at 275 East Cordova, Vancouver, forthwith upon his release from custody and thereafter as directed. [ 12 ] He is to reside where directed by the probation officer and obey the rules of that residence. [ 13 ] He is to attend for counselling or such similar programs as directed by the probation officer and complete the counselling or programs to the satisfaction of the probation officer. [ 14 ] He is not to possess any alcoholic beverage or any drugs that are prohibited under the Controlled Drugs and Substances Act. [ 15 ] He is not to possess any weapons as defined by the Criminal Code . [ 16 ] He is not to possess any knives except while preparing or eating a meal or while used during the course of lawful employment. [ 17 ] He is to have no contact directly or indirectly with the co-accused Kai Daniel Leitner, or Denise Michaela Helin. [ 18 ] He is further to have no contact directly or indirectly with each of the complainants. [ 19 ] The victim surcharge is waived on both files. [ 20 ] On the robbery counts, there is a DNA order made. [ 21 ] Further, on the robbery counts, under s. 109 of the Code , there is a lifetime prohibition on weapons. [ 22 ] Are there any other terms or conditions that counsel wish to have put forward, or any clarifications? [ 23 ] Mr.

Singh, I hope things go well for you when you get out. [ 24 ] THE ACCUSED: Thanks. (PROCEEDINGS CONCLUDED)