R. v. Sami, 2020 BCPC 107

Citation: R. v. Sami 2020 BCPC 107 Date: 20200515 File Nos: 247358-2-A, 247358-3-C, 247358-4-A, 257076-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. LAWRENCE RAVIN SAMI ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE E. GORDON Counsel for the Crown: J. Dow by teleconference Counsel for the Federal Crown: X. Zheng by teleconference Counsel for the Defendant: L. Fumano by teleconference Place of Hearing: Vancouver , B.C. Date of Judgment: May 15, 2020 [ 1 ] THE COURT: Mr. Lawrence Sami comes before the court for sentencing having entered guilty pleas to three offences:

[ 1 ] THE COURT: Mr. Lawrence Sami comes before the court for sentencing having entered guilty pleas to three offences: Possession of Methamphetamine for the Purpose of Trafficking from September 26, 2018; Breach of Recognizance for possessing a weapon from September 23 of 2019; and, Assault from November 30 of 2019. [ 2 ] The world is in the midst of a pandemic caused by a coronavirus which has been named COVID-19. Mr. Sami is in custody. He entered a guilty plea to the Assault before the Province of British Columbia was declared to be in a state of emergency as a result of the pandemic.

With respect to the other matters, though, he was brought back into custody subsequent to the declaration of the pandemic and I made a detention order on all matters. [ 3 ] Chief Justice Gillespie and Associate Chief Justice Dohm of this Court have initiated a project of pretrial conferences, where members of the judiciary meet with counsel to see if cases can be resolved without the necessity of a trial.

With respect to the matters in this instance falling under File Number 247358, dealing with both the Possession for the Purpose of Trafficking and the Breach of Recognizance, one such pretrial conference was held. Crown counsel had done a significant amount of work in advance of the conference.

Defence counsel was as amenable as possible to either resolution or shortening of proceedings to assist his client, who was in custody, and it was, without much intervention from me, a very successful pretrial conference. [ 4 ] Had the charge of Possession for the Purpose of Trafficking proceeded to trial without any admissions, it would have been a three-day trial; and with the kind of admissions that I envisioned were possible, it still would have been a one​-day trial.

However, counsel were able to reach a very fair resolution, fair to all parties, the gentleman who is in custody before me, and society, and everyone benefits at this point in time. [ 5 ] Mr.

Sami has spent, over time, the equivalent of 288 days in custody. [ 6 ] With respect to Information 247358, the record will reflect a sentence of one day, plus 180 days concurrent time served; and 257076-1 will reflect one day, plus 108 days' time served, which is consecutive to the other days time served but nonetheless time served, and there will be a probation order to follow. [ 7 ] This gentleman comes before the court 37 years of age and has virtually no criminal record. He was able to obtain a social work degree and worked both as a social worker and in car sales.

Really, he had an absolutely normal successful life. He has a daughter who is 13 years of age. After the breakup of that relationship, he became her primary caregiver; and he was involved in another relationship, working on the Island, and was the manager of a Dodge automobile dealership. [ 8 ] His relationship ended and he lost his job and he moved back to the mainland to live with his parents. Sadly, he started hanging out in downtown Vancouver and initially began using crystal methamphetamine socially.

When his, I guess I will describe it as a love of crystal methamphetamine took over his life, he began spending most of his time in the Downtown Eastside of Vancouver and would use opioids as well. [ 9 ] He had essentially given up on life, and he now comes before me having given up on life but having committed very serious crimes. He was selling drugs, I imagine to support his habit, but, in addition to that, the assault is very serious. The complainant owed money for a drug debt. She was held against her will and a knife was held to her throat. It is one of the most serious forms of assault.

I recognize that it was committed by someone who himself was very messed up on drugs, but nonetheless a complainant was terrorized, and the sentence of six months' time served is reflective of your addiction and your lack of record, but it is still a significant period of time, and certainly would have been years longer were you not a drug addict. [ 10 ] All counsel agree at this point in time that denunciation and deterrence have been met by your time in custody and that I need now reflect only on your future rehabilitation. [ 11 ] So with respect to Informations 257076 and 247358-C-3, following the time served, which you have served, there is a two-year probation order. [ 12 ] Keep the peace and be of good behaviour. [ 13 ] Report to Probation Services by telephone within 72 hours of your release from custody, and thereafter as and when directed. [ 14 ] You will be released from custody only to your father, Mr.

Mahendra Bobby Sami, or your mother, Ms.

Lalita Sami, or both of your parents. [ 15 ] You will go directly with your parents from the Pre-trial Centre to Wagner Hills Treatment Facility located at 8061 264 Street, Langley, British Columbia. [ 16 ] You are to reside at Wagner Hills and may not move from that address without first completing the one-year program. [ 17 ] You are to successfully complete the one-year program. [ 18 ] Do you understand all of the conditions that I have said so far, sir? [ 19 ] THE ACCUSED (via video): Yes, Your Honour. [ 20 ] THE COURT: You are to abide by all of the rules and regulations of Wagner Hills.

Do you understand that? [ 21 ] THE ACCUSED: Yes, I do, Your Honour. [ 22 ] THE COURT: During the course of that year, you may leave the premises of Wagner Hills only if you are with a staff member of Wagner Hills or you have the written permission of your probation officer, in which case you will have to carry that written permission with you. Do you understand that?

[ 23 ] THE ACCUSED: Yes, Your Honour. [ 24 ] THE COURT: If you are asked or forced to leave Wagner Hills, you must notify your probation officer immediately. [ 25 ] Do you understand that? [ 26 ] THE ACCUSED: Yes, Your Honour. [ 27 ] THE COURT: You must notify your probation officer once you have successfully completed Wagner Hills' program. Do you understand that? [ 28 ] THE ACCUSED: Yes, Your Honour. [ 29 ] THE COURT: Once you have completed the program, you are to reside with your parents and your daughter at 2219 Central Avenue, Port Coquitlam, British Columbia.

Do you understand that? [ 30 ] THE ACCUSED: Yes, I do, Your Honour. [ 31 ] THE COURT: You may not move from that address without first obtaining the prior written permission of your probation officer. Do you understand that? [ 32 ] THE ACCUSED: Yes, I do, Your Honour. [ 33 ] THE COURT: Once you have completed Wagner Hills, you are to attend for, participate in, and complete, to the satisfaction of your probation officer, all additional counselling, programming, and treatment as directed by your probation officer.

Do you understand that? [ 34 ] THE ACCUSED: Yes, I do, Your Honour. [ 35 ] THE COURT: You may not possess any weapons as defined by the Criminal Code of Canada , inclusive of firearms, imitation firearms, ammunition and explosives, except for knives to be used only for the preparation and consumption of meals or in the course of employment. Do you understand that? [ 36 ] THE ACCUSED: Yes, I do, Your Honour. [ 37 ] THE COURT: You may not attend the area of Vancouver bounded by Powell Street to the north, Princess Avenue to the east, Pender Street East and West to the south, and Cambie Street to the west.

Do you understand that? [ 38 ] THE ACCUSED: Yes, I do, Your Honour. [ 39 ] THE COURT: You must have no contact, directly or indirectly, with Ms. Jamie Leah Crystal Prohl. Do you understand that? [ 40 ] THE ACCUSED: Yes, I do, Your Honour. [ 41 ] THE COURT: You may not attend at any residence, place of employment, place of education, or place of worship of Ms. Prohl that is known to you or becomes known to you.

Do you understand that? [ 42 ] THE ACCUSED: Yes, I do, Your Honour. [ 43 ] THE COURT: You are to perform 25 hours of community service work, to the satisfaction of your probation officer and community service work supervisor, within the first eight months following your completion of the Wagner Hills program. Do you understand that? [ 44 ] THE ACCUSED: Yes, I do, Your Honour. [ 45 ] THE COURT: All right.

With respect to Information 257076, there was no surcharge at the relevant time. [ 46 ] I will order that you provide a sample of your DNA to the authorities today before you are released. [ 47 ] In addition, do you presently own or possess any firearms, ammunition or explosives? [ 48 ] THE ACCUSED: No, I do not, Your Honour. [ 49 ] THE COURT: For a period of 10 years you are prohibited from owning or possessing any firearms, ammunition or explosives. [ 50 ] Actually, there was a surcharge on that file, I am sorry, but you are impecunious and there will be no surcharge. [ 51 ] With respect to 247358, there is no surcharge because there was no surcharge, and both discretionary orders of the prohibition and DNA will be made on that file as well. [ 52 ] Okay.

I think, counsel, that I have covered everything. [ 53 ] MS. ZHENG: Yes, Your Honour. Could I just direct a stay of proceedings on the remaining federal counts? [ 54 ] THE COURT: Yes.

[ 55 ] MS. ZHENG: And would it be possible to mark the criminal record as Exhibit 1? [ 56 ] THE COURT: Yes. [ 57 ] MS. ZHENG: Thank you. Nothing further, Your Honour. [ 58 ] THE COURT: Mr. -- [ 59 ] MR. DOW: And, Your Honour -- [ 60 ] THE COURT: All right. And Mr. -- [ 61 ] MR. DOW: Sorry, in terms of -- [ 62 ] THE COURT: Sorry. Yes. [ 63 ] MR. DOW: In terms of remaining counts on 257076, they are stayed. [ 64 ] THE COURT: Thank you. And, Mr. Fumano, anything else that you wish to say? [ 65 ] MR. FUMANO: Nothing further, Your Honour. [ 66 ] THE COURT: All right. Thank you very much, counsel.

I am completely 100 percent indebted to all counsel, their hard work and their determination to resolve for Mr. Sami these very difficult files, so that he no longer has to suffer the stress of being in custody during the time of a pandemic and can get on with rehabilitating himself and getting back to a prosocial life. [ 67 ] So I thank counsel, and good luck, sir. Thank you very much. [ 68 ] THE ACCUSED: Thank you, Your Honour. And -- [ 69 ] MS.

ZHENG: Thank you, Your Honour. [ 70 ] THE ACCUSED: One question, Your Honour. [ 71 ] THE COURT: Yes. [ 72 ] THE ACCUSED: Do I give my DNA here at the jail or -- [ 73 ] THE COURT: At the jail, yes. They will take it before you are released. [ 74 ] THE ACCUSED: Okay. Thank you and have a wonderful day. [ 75 ] THE COURT: Thank you. You too. (REASONS CONCLUDED)