R. v. Brown Date:, 2012 BCPC 522

Citation: R. v. Brown Date: 20120523 2012 BCPC 0522 File No: 75753-3C Registry: New Westminster IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. PATRICK STEVEN BROWN ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE JANZEN Counsel for the Crown: J.B. Stewart Counsel for the Accused: J. Luke Place of Hearing: New Westminster , B.C. Dates of Hearing: May 4, 18 & 23, 2012 Date of Judgment: May 23, 2012

[ 1 ] THE COURT: I will be providing a decision with respect to the defence's application to show cause. The Crown seeks to show cause why the detention of Patrick Steven Brown is justified under the secondary ground, that the detention is necessary for the protection of safety of the public, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence. [ 2 ] The Information that gave rise to this show cause hearing contains 17 counts including four counts of breaking and entering and 13 counts of robbery.

All incidents except one occurred in a very small area in New Westminster between January 22 nd and February 28 th in close proximity to where Mr. Brown was living at 834A Royal Avenue. On May 18 th , a new Information was presented respecting a charge of theft on or about January 17 th , 2012. The Crown also sought detention on this new charge. An earlier Information contained three of the four counts of breaking and entering and led to Mr. Brown's detention after a bail hearing related to that information. Mr.

Brown was not represented by counsel at that hearing and his counsel has indicated that that decision will be appealed. [ 3 ] Patrick Brown has struggled with addiction to cocaine and heroin. Crown and defence counsel both acknowledged the likely link between Mr. Brown's addiction and the outstanding charges. [ 4 ] The Crown asserted, and I am satisfied, that its case against Mr. Brown is strong based on the following. Fingerprint evidence links him to two of the breaking and entering counts. Still photographs from a surveillance video camera at the Petrocan robbery on February 28 th only reveal Mr.

Brown's eyes and nose, but the photo is of a man who strongly resembles Mr. Brown. The robberies occurred at the same Petrocan location on February 22 nd and February 28 th and involved the same employee, who said that the perpetrator was “the same guy.” On two occasions, the February 22 nd Petrocan robbery and the January 29 th Subway robbery, the perpetrator made a similar unusual comment to the effect that that clerk should not worry as the government would pay for this.

The same employee involved in two Subway robberies on January 29 th and February 22 nd said that the perpetrator was “the same guy.” [ 5 ] The cash tray removed during the Pharmasave robbery was found in a search of Mr. Brown's residence at 834A Royal Avenue. Suspect descriptions from the robberies were similar in that they identify a Caucasian male of average to tall height, and in almost all cases a slim build. Other items of clothing found at the residence or worn by Mr.

Brown at the time of his arrest resembled clothing worn by the perpetrator at several of the robberies, including a black North Face jacket that was also worn by the perpetrator and captured in the Petrocan surveillance video. Particles of glass were found in Mr. Brown's footwear. The breaking and entering on February 28 th involved the breaking of a window. [ 6 ] In eight of the nine robberies the perpetrator carried a knife. In all of the robberies the perpetrator demanded that the cash tray be produced and he either took the tray or removed the money from the tray.

He used a gloved hand on these occasions in all but one case. [ 7 ] After the February 19 th Subway robbery a police officer with a dog tracker ended up at Mr. Brown's residence at 834A Royal Avenue. Another occupant of the residence answered the door. That resident did not match the description of the perpetrator. [ 8 ] Mr.

Brown has a long and significant criminal record that includes 36 prior convictions including 18 breaking and enterings, several thefts or possessions of stolen property, uttering threats, and in 2011, an assault. [ 9 ] Of particular concern are the large number of breaches of court orders, including undertakings, recognizances and probation orders. In 2007, Mr. Brown violated a term of his parole and in 2008, he violated a term of his statutory release. In 2011, he failed to comply with the terms of a recognizance, and as recently as December 2011, he was convicted of a breach of a probation order. [ 10 ] Mr.

Brown, through his counsel, presented the court with a plan for his release that would include his enrolment in a residential drug treatment program with New Vision Supportive Housing Society. The program provides monitoring and reporting within one business day. I have concluded that although Mr. Brown's decision at this point in time to seek treatment is commendable, the residential program does not contain sufficient safeguards to ensure the protection or safety of the public. In all of the circumstances of this case, and in particular Mr.

Brown's many breaches of previous court orders, I have concluded that the Crown has shown cause that the detention of the accused is justified under the secondary ground. (ORAL REASONS FOR JUDGMENT CONCLUDED)