R. v. Trowell, 2015 BCPC 78

Citation: R. v. Trowell 2015 BCPC 78 Date: 20150206 File Nos: 80825-1, 81732-2C Registry: Abbotsford IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JOHN RICHARD TROWELL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE G.J. BROWN Counsel for the Crown: J. Barbour Counsel for the Accused: A. Falk Place of Hearing: Abbotsford , B.C. Date of Hearing: January 28, 2015 Date of Judgment: February 6, 2015 A Corrigendum was released by the Court on May 19, 2020. The corrections have been made to the text and the Corrigendum is appended to this document. [ 1 ] THE COURT : This is a sentencing hearing concerning John Richard Trowell. He is being sentenced under both files 80825-1 and 81732-2C.

INTRODUCTION: [ 2 ] Under file 80825-1, John Richard Trowell pled guilty to four counts of break and enter which took place in Maple Ridge, Mission and Abbotsford, B.C. between June 8th and October 16th, 2012, all of which were contrary to s. 348(1) (

b) of the Criminal Code . [ 3 ] Under file 81732-2C, Mr. Trowell pled guilty to a further break-in which occurred in Mission, B.C. on October 24th, 2014, over two years later. [ 4 ] The Crown is seeking a global sentence for all five counts of two years less a day, to be followed by a one-year probation order. The defence is submitting that an appropriate sentence is six months for the first four offences and six months consecutive for the recent offence. THE CIRCUMSTANCES : [ 5 ] The four break and enters under file 80825-1 occurred in the summer of 2012 and Mr.

Trowell was determined to be responsible for these crimes at a much later time using forensic DNA analysis. In each case, residential homes were broken into and they were ransacked. The items stolen were never returned. [ 6 ] The first break and enter occurred on June 8th, 2012 in a Maple Ridge home, a bedroom window had been forced open and the items stolen included a sound system television, coins, watches, an empty wallet, jewellery, cash, a camera, native art and native jewellery, a laptop, a suitcase, clothes and a bottle of wine. [ 7 ] The second break and enter occurred on September 3rd, 2012 in Mission.

Entry occurred through a window broken by a rock. A bedroom was ransacked and a camera, computer and expensive camera lens were stolen. [ 8 ] The third break and enter happened on September 9th, 2012 in Abbotsford. A window had been knocked out with a rock and the accused's blood was on the carpet. The items stolen included a passport and other identification, a road bike, computer, drills, jewellery, an iPhone, docking stations and cash. [ 9 ] The final break and enter on this file took place on October 16th, 2012 in Abbotsford, and again a window was smashed, an alarm was tripped and the police arrived quickly.

In this case jewellery and cash were stolen, including children's jewellery and cash. [ 10 ] The break and enter file 81732-2C occurred on October 24th, 2014 in Mission. This offence occurred after Mr. Trowell had been sentenced to a conditional sentence order in September of 2013 for a break and enter. As well, this offence was committed after Mr. Trowell had been arrested on the four counts outlined above and he had been released on his own recognizance. [ 11 ] This most recent break and enter is observed by a neighbour who sees the accused use his fist to break a window.

Without belabouring the details, there was a police chase and Mr. Trowell even changes his clothes in a wooded area to avoid arrest. Mr. Trowell is ultimately arrested and the watches, jewellery and a toolbox were returned to the family in this instance. VICTIM IMPACT: [ 12 ] The pre-sentence report filed on 80825-1 describes the impact these crimes had on the residents of the first four counts. A family of five lived in the home broken into on October 16th, 2012. Irreplaceable family heirlooms were stolen and the three children did not sleep for two weeks because they feared the burglar would come back.

The wife continues to be "paranoid" about being left in the home alone. One of the other victims was very concerned about the contamination of blood on the flooring and bedding of his home. He was forced to stay in a hotel for three days while a restoration company cleaned his home. Another victim had to install security bars after the break-in at a cost of $800. Yet another person felt the need to spend an additional $5,000 to upgrade the security system after some irreplaceable heirlooms were taken. [ 13 ] It is clear to me that the impact on these victims was beyond a financial one.

These people felt violated and they worried about the safety of themselves and their homes. [ 14 ] In terms of the offender here, Mr. Trowell, I must say that if one disregards the youth matters and the motor-vehicle offences referred to in the court history of the pre-sentence report, Mr. Trowell does not have a significant record. In January of 2002 he received a fine for being in possession of a scheduled substance. In March of 2003 he refused to provide a breath sample.

In June of 2006 he had an obstruction of peace officer conviction. [ 15 ] As previously mentioned, he received a nine-month conditional sentence in September 2013 for a break and enter, and a further conditional sentence for two fraud convictions. That entry is only relevant to file 81732-2C, the break and enter which occurred in October of 2014. That offence post-dates the CSO sentence. [ 16 ] The pre-sentence report sets out the unfortunate circumstances of Mr. Trowell.

He enjoyed a good childhood but his mother died in December of 2010 following her struggle with cancer and earlier facial trauma from a car accident. Mr. Trowell himself was involved in a snowmobile accident in 2008. Unfortunately, Mr. Trowell began abusing Oxycontin and then heroin. Mr. Trowell has been struggling with a drug addiction, and these break and enters were fuelled by his need to get drugs. He has apologized today in court for his conduct.

SENTENCING PRINCIPLES: [ 17 ] As to the availability of a conditional sentence order, the amendments were made to s. 742.1 on November 20th, 2012 so that a CSO is no longer available for offences prosecuted by way of indictment for which the maximum term of imprisonment is 14 years or life. Breaking and entering under s. 348(1) (

b) carries a possible life sentence when a dwelling house is involved. Consequently, a CSO

is available for the four counts under file 80825-1 but it is not available for the most recent break and enter. [ 18 ] Even though a CSO is available for the first four break and enters, it is not an appropriate sentence in these circumstances. I will be imposing a jail sentence of just less than two years, but I am not satisfied that the service of the sentence in the community would be consistent with the principles of sentencing set out in s. 718 to 718.2. [ 19 ] There is a high need to denounce Mr. Trowell's conduct which caused upset to so many families and homeowners.

Moreover, there is a requirement that I specifically deter him from continuing to commit crimes which undermine the security of a person's most precious space; his house. [ 20 ] I cannot view the first four break-ins as a single spree or cluster of crimes. The first break-in occurred in early June of 2012, then there were two break-ins six days apart in September, and the last one in October of 2012. I appreciate that these were Mr. Trowell's first offences of these sort, but they were serious offences committed over a four-month period.

He intruded on people's homes without regard and he left those homes ransacked. The victims, including children, are deeply affected by these intrusions. [ 21 ]

Section 742.1(

a) also requires me to assess whether a CSO would endanger the community. At this time, I know that Mr. Trowell has committed a recent break and enter after receiving a conditional sentence order. I am not satisfied that the community would be safe if I were to repeat the CSO experiment again. Mr. Trowell has maintained periods of sobriety, which is good, yet he even concedes to lapses, and he was withdrawing from heroin in early 2014. I get those facts from the PSR. [ 22 ] In terms of the principles of sentencing, I will break it out between the files.

As to file 80825-1, I have already spoken of the need to denounce these break and enters and to specifically deter Mr. Trowell from committing further break and enters. Not only did he commit four break-ins in a span of four months in 2012, he carried out those crimes by essentially ransacking the four homes. I cannot guarantee his rehabilitation or sobriety while incarcerated, but I know he cannot commit break-ins into people's homes when he is jail. [ 23 ] I also consider it to be an aggravating factor that Mr.

Trowell, although in a drug-induced state, targeted family homes and all items taken were never returned. [ 24 ] With respect to rehabilitation, I do take into account that while incarcerated Mr.

Trowell will be able to take advantage of the Integrated Offender Management Program if the sentence is over four months. [ 25 ] Defence counsel submitted that a first break and enter could attract a sentence of four to six months, but I have explained here that I do not view the first four break-ins as simply one cluster of first offences; they are simply far too spread out for that. [ 26 ] Taking into account those factors, plus all of the sentencing principles, I am going to sentence Mr.

Trowell to one year on the four counts under 80825-1. [ 27 ] Concerning file 81732-2C, the stolen items were returned in this offence but only because the police chase was successful. This single count is more serious than any of the earlier counts because Mr. Trowell has already served a CSO for a break and enter. Moreover, he is out of custody on his own recognizance. I consider that an aggravating feature, and accordingly his sentence on that one count shall be 364 days' jail consecutive to the one-year jail on file 80825-1. [ 28 ] Mr.

Trowell has been in custody since October 24th, 2014 on this matter, so that is a total of 106 days. He shall be credited at one-and-a-half to one, so his time credited will be 159 days. [ 29 ] When I look at the sentence in totality, the two years less a day total sentence is appropriate and just for five break and enters, one of which occurs after a CSO for that same type of offence. SENTENCE: [ 30 ] In conclusion, sir, I will just ask that you stand up.

Under file 80825-1 I am sentencing you to one year in jail, and that will be on each count but each count will be concurrent to the other, followed by one year of probation. [ 31 ] On file 81732-2C, the more recent break and enter, the sentence will be 364 days less 159 days' time served, which equals 205 days remaining to serve. This jail sentence again is consecutive to the one year of jail on 80825-1. [ 32 ] There shall also be a one-year probation order attached to each offence.

The probation order I am going to make in both files will include the mandatory terms; you shall keep the peace and be of good behaviour, you shall appear before the court when required to do so by the court, you shall notify the court or your probation officer 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. [ 33 ] Within 48 hours of your release, you shall report in person to a probation officer at the office of Abbotsford Community Corrections, 2865 Cruikshank Street in Abbotsford, B.C. and you shall thereafter report as and when directed by your probation officer and in the manner directed by your probation officer. [ 34 ] There will be a reside term.

You shall inform your probation officer of your current residential address and phone number and not change that address or phone number without the prior written consent of your probation officer. [ 35 ] I am going to follow the PSR to a degree by putting in this one-year probation order the following term: You shall not have in your possession any instruments or tools or any other device that may be suitable for breaking into motor vehicles or any premise. [ 36 ] I will also put in a general counselling term: You shall attend for, participate in and complete to the satisfaction of your probation officer, any counselling or program as directed by your probation officer.

Without limiting the generality of this condition, such counselling or program may, in the discretion of your probation officer, include substance abuse residential treatment.

[ 37 ] I am not going to put in an abstention clause or the employment or vocational programming clauses. I think they would all be good things for you to follow, but given the jail sentence I am not going to include those in the probation order. [ 38 ] There will be a no weapons term. You shall not possess any weapons as that term is defined in s. 2 of the Criminal Code . You shall not be in possession of any firearm, crossbow, prohibited weapon, restricted weapon, imitation weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance.

That is the one-year probation. [ 39 ] And finally, there will be a DNA order under s. 487.04 on both files, that you will provide a sampling of your DNA. That may have been done in the past, but I do not need to set a time because that will be taken at the institution. [ 40 ] Is there any other ancillary relief I have not dealt with? [ 41 ] MR.

BARBOUR: No, Your Honour. [ 42 ] THE CLERK: Victim surcharge? [ 43 ] THE COURT: Oh, the victim fine surcharge for all of these matters sir, you will be in jail for a while, so I am going to, subject to what your counsel says, I am going to deem you in default of the victim fine surcharge and there will be a one-day jail sentence for each of the victim fine surcharges, but that will be concurrent to any existing sentence. G.J.

BROWN Provincial Court Judge CORRIGENDUM – Released May 19, 2020 In the Reasons for Sentence dated February 6, 2015, the following changes have been made: [1] The Judge’s name on the cover page and the Judge’s name at the signature line on the last page be amended from: JUDGE G.B. BROWN to JUDGE G.J. BROWN ____________________________________ The Honourable Judge G.J. Brown Provincial Court of British Columbia