R. v. Chand Date:, 2011 BCPC 256

Citation: R. v. Chand Date: 20110705 2011 BCPC 0256 File Nos: 178320-1-K;178320-2KA, 189256-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RONEEL VISHAL CHAND REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE M.B. HICKS Counsel for the Crown: C. Yamashiro Counsel for the Defendant: A. Turton Place of Hearing: Surrey , B.C. Dates of Hearing: June 28, Dec. 16, 2010 Date of Judgment: July 5, 2011 [ 1 ] THE COURT : Roneel Vishal Chand is before the court today to be sentenced on three criminal offences to which he has pled guilty. In respect of Information 178320-K1, Mr.

Chand has pled guilty to having committed assault on Marlene Lal using a weapon, in fact weapons in the plural, a belt and a knife. That offence occurred on November 4, 2009, and the Crown is proceeding summarily in that matter. The plea was entered December 16, 2010, which was a trial date. Presentence Report and psychological assessment were ordered, but the latter was not ready for the original sentencing, which was to have occurred on March 16th of 2011 and the matter was adjourned to June 27th. [ 2 ] In respect to that charge Mr. Chand was released on November 6th of 2009 on a $10,000 surety bail.

That recognizance included a curfew condition. Mr. Chand was not to be outside of his residence between 10:00 p.m. and 6:00 a.m. seven days a week except in limited circumstances. On June 20, 2011, while before this court awaiting sentencing Mr. Chand breached the curfew condition. He has pled guilty to that offence on Information 178320-KA2. At the time he was arrested on June 20, 2011, Mr. Chand was operating a vehicle with a temporary operator's permit which he had altered. He has pled guilty to the offence of using that document as if it were genuine, knowing it to have been forged, contrary to s. 368(1) (

a) of the Criminal Code . He has been in custody since June 20, which I calculate to be a total of 16 days. [ 3 ] The circumstances of the assault of Ms. Lal on November 4th of 2009 are as follows. Ms. Lal was 20 years of age at the time.

Mr. Chand was about 21 years old. They met three years earlier and began an on and off relationship. Several days earlier Ms. Lal learned that Mr. Chand was seeing another woman and confronted him. Mr. Chand became angry and he punched a hole in a wall. Ms. Lal then sent a message to the other woman via Facebook, saying that she was involved with Mr. Chand and he would always come back to her. Mr. Chand learned of this. At 8:05 p.m. on November 4, he went to Ms. Lal's home where she lived with her mother. The door was unlocked. Ms. Lal was alone. Mr. Chand entered uninvited and unannounced. He confronted Ms. Lal.

He stood over her and held her down. Referring to the Facebook message he said words to the effect, "What the fuck did you just do?" He then removed his belt. He struck Ms. Lal with the belt buckle on her upper left arm and thigh. He then punched her several times in the stomach with a closed fist. He then struck her two more times on the thigh and ankle with the belt. He then said to Ms. Lal words to the effect, "That's it. I have to do something. That's it." He then took a steak knife from the kitchen. He stood over Ms. Lal holding the steak knife pointed towards her. She was crying.

He said, "I have to do this. I have to shut you up." Ms. Lal then said that she did not send the message on Facebook and would show him her computer to prove it if he would let her get up. Mr. Chand did so and she then was able to run into a bathroom and lock the door. [ 4 ] At 8:10 p.m. she called 9-1-1 from the bathroom. Although she did not speak the dispatcher could hear Mr. Chand yelling, "Why are you messing my life up?" During these events Mr. Chand threatened to burn her room and break her things. Ms. Lal also called her mother at this time and the police and Ms.

Lal's mother arrived at her home, and at that time Ms. Lal and Mr. Chand were standing in a bedroom. She was crying. Mr. Chand was arrested. He told the police that he had not assaulted Ms. Lal. Photographs which had been marked as exhibits on these proceedings show the belt Mr. Chand used to strike Ms. Lal, as well as bruising and cuts caused by the belt. The imprint of the buckle is visible in the bruising on Ms. Lal's upper arm. The steak knife is also shown in the photographs. Ms.

Lal suffered scratches and swelling with some blood appearing and depicted in the photographs. [ 5 ] The circumstances of the recent offences are as follows. On June 20th of 2011 police observed a vehicle without a plate at about 1:30 a.m. The vehicle was stopped by the police. Mr. Chand was the sole occupant. He could not produce a driver's licence, but he said that his friend who he named as Roneel Chand could provide that. He identified himself using a false name. An open bottle of alcohol was present in the vehicle, although Mr. Chand did not show signs of impairment.

The officer observed a temporary operator's permit on the vehicle and observed that the permit had been altered by replacing the original numbers with different numbers, and that is the offence of using a forged document to which he pled guilty. Mr. Chand was arrested. He was belligerent in his attitude towards the police. He later told the officer in an interview that he gave a false name because he was violating his curfew. He admitted altering the temporary operator's permit and he provided his proper name. [ 6 ] Mr. Chand has a prior criminal record.

On October 23rd of 2007, he was placed on a nine-month conditional sentence order and probation on two counts of assault with a weapon occurring on two dates a week apart in May of 2007. On January 13th of 2009, Mr. Chand was sentenced on two counts of assault occurring in September and December of 2008. He received an effective 80-day jail sentence and was placed on probation for a year. At the time he committed both of these assaults, it would appear that he was on a probation order imposed on October 23rd of 2007. Mr.

Chand was also sentenced on January 13th of 2009 on two counts of breaching an undertaking or a recognizance and received concurrent time served sentences. In respect to all four of these prior assault convictions the victim was Marlene Lal. On April 18th of 2011, Mr. Chand was sentenced for uttering a forged document. He was placed on conditional sentence order for six months with 18 months of probation to follow. Mr. Chand was on probation for the assault offences, for which he was sentenced on January 13th of 2009, at the time he assaulted Ms. Lal on November 4th of 2009.

He was on the conditional sentence order imposed on April 18th of 2011 for uttering a forged document at the time he committed the same offence on June 20th of 2011 for which he is to be sentenced today. [ 7 ] Ms. Lal has not filed a Victim Impact Statement. She has confirmed to the writer of the Presentence Report that her relationship with Mr. Chand was not a healthy one. She was assaulted repeatedly by him during the relationship. This occurred despite his attendance at relationship violence programs while on community supervision.

Despite break-ups and assaults, they renewed their relationship on past occasions. The relationship ended, however, with the offences on November 4th, 2009. There has been a no contact order since then and there has been no violation of that condition by Mr. Chand. [ 8 ] Mr. Chand came to Canada from Fiji with his family at the age of 12. He completed grade 12 here. He has taken training for welding, electrical work and machinist's tickets. Not all of these were completed. He has worked various jobs using these skills and in security.

At the time of his arrest, he was fully employed as a shop carpenter and I am told that that employment is available if he is released. Mr. Chand expresses an ambition to return to college and then to transfer to university. He lives with his parents. While Mr. Chand's father was present in court on the day submissions were made, it appears that Mr. Chand has only recently informed him of these charges. [ 9 ] The Presentence Report and the psychological assessment are troubling. Mr. Chand has in the past completed counselling for relationship violence, respectful relationships and substance abuse management.

He told the Presentence Report writer those programs were not relevant to him because he was not married to the victim. He told Dr. Whittemore, who wrote the psychological assessment, that he did not consider himself in a relationship with Ms. Lal because they were only together to engage sexually. He said he was willing to do further counselling in respect to the current offences only if it would reduce his sentence. During the interviews for the psychological assessment, Mr. Chand was highly disrespectful of Ms. Lal and used degrading language to describe her. He blames her for his assaultive conduct.

He said her conduct in communicating with another woman via Facebook enraged him and that she was stalking him and he had reached his breaking point. [ 10 ] The Presentence Report writer notes this sense of his own victimization was also present in respect of the earlier assaults. Dr. Whittemore described her observations of Mr. Chand as follows at page 6 of the psychological report and I quote from that report. That paragraph states the following: As indicated above, Mr.

Chand was unwilling to discuss his current offence and despite his report that he accepts responsibility for his behaviour he revealed a tendency to blame the victim for his violence towards her, stating "This girl knew how to push my buttons." He demonstrated a complete lack of insight into his behaviour, stating that he does not know why he assaulted her or "what made me do it." He described himself as a victim and stated that it is a "very traumatic experience" and equated himself to a rape victim, stating that a rape victim would not want to relive the experience by talking about it.

His reported experience of trauma was also incongruent with his

emotional presentation. He did not present with any remorse or victim empathy, despite reporting feelings of remorse. Indeed, he laughed when reporting that he is so remorseful. He expressed feeling that his offence "affects me in every way" but did not discuss the affects his behaviour had on the victim. When asked directly he reported that he does not know how his behaviour has impacted the victim. He went on to state that she had been victimized before "so I guess she can deal with it." That is the end of the quotation from the psychological assessment. [ 11 ] Mr. Chand says he consumes alcohol on weekends.

He does not consider himself to have an alcohol issue requiring counselling or other intervention. He acknowledges that he had consumed alcohol on the night of the assault of Ms. Lal. Testing for purposes of the psychological assessment revealed Mr. Chand to be a person with a history of acting out behaviour. Alcohol has a negative impact on him. There is a tendency to antisocial behaviour. He does not see himself as a person who needs to make a personal change. Despite this, he admitted engaging many times in 34 of 46 behaviours towards Ms.

Lal consistent with physical abuse in relationship circumstances over the previous 12 months. These include kicking, punching, stomping, beating, demanding sex and threatening. He also acknowledged behaviours consistent with psychological or emotional abuse towards Ms. Lal over the same time period, including treating her as an inferior, ordering her about, accusing her of an affair, restricting phone use, blaming her for causing his violent behaviour, demanding obedience and blaming her for causing his upset. [ 12 ] Dr. Whittemore concludes Mr.

Chand exhibits antisocial personality traits, aggressive behaviour, and that he lacks remorse or empathy. She notes the violence towards Ms. Lal appeared to be escalating. She concludes Mr. Chand is a high risk for future intimate partner violence. Neither Mr. Chand nor his counsel took issue with any of the observations or conclusions in either of these reports. With all of this in mind I place little weight on Mr. Chand's expression of remorse to me when he spoke at the conclusion of submissions on the last day. [ 13 ] Mr. Chand, I understand, is currently serving a conditional sentence order.

He was to have appeared, I understand, in court between the previous day when submissions were made and today's date and I am not aware as to whether or not that order was terminated. In any event, it was a six-month conditional sentence order and there were, I understand, about three months remaining on that order at the time it was addressed in submissions. [ 14 ] The Crown is seeking an 18-month sentence in respect to the assault, which is the maximum available on

summary conviction in respect of that offence. In sentencing on the uttering of a forged document and on the breach of recognizance charge, the Crown seeks sentences which will permit the imposition of a three-year probation order. Globally, therefore, the Crown is seeking a conventional jail sentence of 18 months taking account of the conditional sentence order, whatever its status might be, to ensure the cumulative period of imprisonment does not exceed two years which allows the probation order to be imposed. Ms. Turton on behalf of Mr.

Chand acknowledges a period of conventional jail is appropriate, but says that the sentence globally should not exceed eight months. [ 15 ] In determining a fit sentence, I have in mind the purposes and principles of sentencing which are set out in s. 718 through s. 718.2 of the Criminal Code . I agree with the Crown that the principles of deterrence both general and, based on the aggravated history here, specific deterrence, as well as denunciation must be paramount in determining a fit sentence. Mr. Chand must receive a sentence which expresses the community's condemnation of his actions.

A sentence which protects the public through separation by imprisonment in a conventional jail is called for. Mr. Chand's rehabilitation, however, is also important, particularly considering his young age. Until he gains insight into his actions and the offences that he has committed and the impact of his conduct on the victims and until he matures to the point that he addresses the traits of his character and personality that fuel his actions, he will be at high risk to offend again.

That process, however, must begin in a jail setting and then continue following his release on a probation order. [ 16 ] I agree with the Crown that the sentence I impose must be one which allows the imposition of a probation order, which permits extended community supervision to address ongoing rehabilitation and monitoring, bearing in mind the disturbing attitudes which Mr. Chand has developed towards his victim and his offences. Therefore, the combined sentence of imprisonment I impose for these offences must not exceed 18 months.

I consider the aggravating features of multiple past offences and violence against the same victim and the present offence of violent and highly threatening and frightening conduct committed in the victim's own home and the use of weapons and the fact the offence was committed while on a probation order. Mr. Chand's plea of guilty I acknowledge, but I give limited mitigating value to that considering its timing and what I consider to be virtually no remorse on the part of Mr. Chand. [ 17 ] Mr. Chand, could you stand up, please?

On the offence of assault with a weapon on Information 17820-K1 (sic), I impose a sentence of 18 months consecutive to any sentence you are currently serving. [ 18 ] I order that you supply a sample of your DNA to the National DNA Databank.

That sample to be provided during the period of your incarceration on the basis that this is a primary designated offence. [ 19 ] There will be a ten-year firearms prohibition order under s. 110 of the Criminal Code . [ 20 ] There will be an order under s. 743.21(1) of the Criminal Code that you be prohibited from communicating directly or indirectly with Marlene Lal or Rosalin Lal during the custodial period. [ 21 ] On Information 189256-1 on Count 2, that is the uttering a forged document charge, I give you credit for 16 days of pre-sentence custody.

I impose a five-month jail sentence concurrent with any sentence you are currently serving and concurrent with the sentence just imposed. [ 22 ] On Information 178320-KA2, that is the breach offence, I impose a four-month concurrent sentence. [ 23 ] On all of these matters you will be on a probation order after your release for a period of three years. The conditions are that you keep the peace and be of good behaviour. [ 24 ] You must report forthwith following your release to a probation officer and thereafter as directed by the probation officer.

[ 25 ] You will reside where directed by the probation officer. You will not change that address without the prior written approval of the probation officer. [ 26 ] You will have no contact directly or indirectly with Marlene Lal or Rosalin Lal.

You will not attend at any place of residence, school or employment of Marlene Lal or Rosalin Lal that you know of or learn of while that order is in effect. [ 27 ] You will attend, participate in and complete to the satisfaction of the probation officer any assessment, treatment or counselling that may be directed by the probation officer. [ 28 ] You will attend to the Forensic Outpatient Clinic if so directed by the probation officer for any assessment, treatment or counselling that may be directed. [ 29 ] You will abstain from the possession or consumption of alcohol or any non-prescription drug or any substance controlled under the Controlled Drugs and Substances Act unless you have a medical prescription for that substance issued in your name by a qualified medical practitioner. [ 30 ] You will not possess any knives except to prepare or consume food or at a workplace for the purpose of your employment, and not possess any weapon as defined in the Criminal Code . [ 31 ] Mr.

Yamashiro, I wasn't sure whether you had made a submission or, Ms. Turton, with respect to medication, treatment and a Rogers type order. Was that something that the Crown had sought specifically? [ 32 ] MR. YAMASHIRO: No, Your Honour, I had sought the conditions as indicated in the Presentence Report as Your Honour's already pronounced. [ 33 ] THE COURT: All right. Nothing further then from the Crown? [ 34 ] MR. YAMASHIRO: No, Your Honour. [ 35 ] THE COURT: The surcharges are waived. [ 36 ] MR.

YAMASHIRO: Madam Registrar, the Crown directs a stay of proceedings on any remaining counts. [ 37 ] THE CLERK: Thank you. (REASONS FOR SENTENCE CONCLUDED