R. v. Bob, 2018 BCPC 311

Citation: R. v. Bob 2018 BCPC 311 Date: 20181030 File No: 84014-1 Registry: Nanaimo IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. GARY KENNETH BOB ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J.P. MacCARTHY Counsel for the Crown: B. McCormick Counsel for the Accused: C. Churchill Place of Hearing: Nanaimo , B.C. Date of Hearing: October 30, 2018 Date of Judgment: October 30, 2018

[ 1 ] THE COURT: Gary Kenneth Bob has entered a guilty plea on Information 84014, sequence 1. He pled guilty to the offence of being a person responsible for an animal, namely, a dog, Rascal, did cause or permit the animal to be or continue to be in distress. That is an offence contrary to s. 24(1) of the Prevention of Cruelty to Animals Act (the “Act”). [ 2 ] Having entered the guilty plea, Crown has outlined the circumstances with respect to this offence. No issue is taken with respect to the circumstances. I accept those as the facts; they support the guilty plea that Mr.

Bob has entered. [ 3 ] The Crown and defence have had extensive discussions with respect to a fit sentence for resolution of this matter. As a result of the discussions that took place, Mr. Bob agreed to make a $750 contribution to the Society for the Prevention of Cruelty to Animals. He did make that contribution. As I understand from Mr. Churchill's submissions on Mr. Bob’s behalf, as a result of making that contribution, it caused him some financial hardship; however, he did make it as part of the resolution process. [ 4 ] I have a joint submission before me and that joint submission is based on Mr.

Bob paying a fine of $250 and then being bound by a prohibition under s. 24(3) of the Prevention of Cruelty to Animals Act which will prohibit him from having the custody or control of an animal for a period of five years. [ 5 ] Mr. Bob comes before the court with absolutely no criminal record. He is a leader within the Nanoose First Nation. He is employed by the Nanoose First Nation, and he also appears to be held in high regard by a number of the people who are members of that First Nation. [ 6 ] He is deeply remorseful for what has taken place here.

He says he has certainly learned his lesson and I think acknowledges that his hard-learned lesson will be of great benefit to his friends and family and other people who may live on his First Nation reserve. [ 7 ] The proposed fine and the prohibition is, in my view, a fit sentence and meets the requirements of R. v. Anthony-Cook as far as a joint submission. Accordingly, the disposition will be a fine of $250. He will have eight months to pay the fine. [ 8 ] Is there a surcharge that goes with that, or no provincial surcharge?

I think there might be, is there not? [SUBMISSION BY COUNSEL NOT TRANSCRIBED] [ 9 ] THE COURT: If there is a surcharge, it will be obviously be imposed. I will give him a total of eight months to pay both the fine and the surcharge, if it applies. We will have to defer to the court registry to determine that amount if any. [ 10 ] I will also make the order that has been sought and agreed to, and that is under s. 24(3) of the Act, so there will be a five-year prohibition for Mr.

Bob from owning or having custody or control of an animal for that period of five years. [ 11 ] There will be some documents to sign in the court registry before you leave, Mr. Bob, and do we have an answer to the surcharge? [ 12 ] THE CLERK: No. I put a note in here. [ 13 ] THE COURT: Okay. [ 14 ] THE CLERK: Prevention of cruelty [indiscernible/not at microphone] [ 15 ] THE COURT: All right. Okay. I will leave it to the registry to make that determination, but in any event, you have the eight months to pay both that fine and the applicable surcharge, if any. [REASONS CONCLUDED]