R. v. M.P. Date:, 2011 BCPC 380

Citation: R. v. M.P. Date: 20111212 2011 BCPC 0380 File Nos: 86861-1; 87199-1 Registry: Port Coquitlam IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. M.P. ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE BULLER BENNETT Counsel for the Crown: S. McCallum Counsel for the Accused: L. Fumano Place of Hearing: Port Coquitlam , B.C. Date of Hearing: December 12, 2011 Date of Judgment: December 12, 2011 [ 1 ] THE COURT : MP is before me on two Informations. The first one in time is 86861-1.

He pleaded guilty to the charge that with another person on or about the 11th day of April, 2011, at or near Coquitlam in the Province of British Columbia, he did, in committing an assault Allan Schoenborn, use a weapon, to wit: a pool ball, contrary to s. 267 (

a) of the Criminal Code . [ 2 ] The circumstances are that MP and the co-accused Fields, were in the pool room at the Forensic Psychiatric Hospital and they were playing pool and waiting turns. Mr. Schoenborn was there as well. [ 3 ] There was bad will between Mr. Schoenborn and other patients at the hospital. As a result, MP and his co-accused Fields assaulted Mr. Schoenborn. More specifically, MP kicked Mr. Schoenborn several times and hit him on the head with a pool ball. [ 4 ] As a result of this assault, Mr. Schoenborn sustained bruises and cuts. There were injuries to Mr.

Schoenborn's left temple, top of his head, one of his arms. He was seriously injured as a result of this assault with a weapon, the pool ball. [ 5 ] MP has also pleaded to Count 1 on Information 87199-1. That is a charge that, on or about the 26th day of July, 2011, at or near Coquitlam, in the Province of British Columbia, in committing an assault upon the complainant, Habdu Mariam Abreha (phonetic), did cause bodily harm to the complainant, contrary to s. 267 (

b) of the Criminal Code .

[ 6 ] On the day after MP pleaded guilty to assault with a weapon on Mr. Schoenborn, he stabbed Mr. Abreha, an employee at the hospital, several times with a homemade shank. The shank was two pieces of metal that actually were the temples from his own eyeglasses wrapped in gauze. [ 7 ] The assault took place in the laundry room at the hospital. According to the witness, Mr. Stacey, MP ran towards Mr. Abreha, punched him in the face, somehow got on top of Mr. Abreha and struck him several times with the homemade shank. It took quite a few people to restrain MP and apparently MP remained angry for quite some time.

He was still punching in the direction of Mr. Abreha. [ 8 ] Mr. Abreha was of the view that MP had targeted him in the past so that this attack was premeditated. [ 9 ] Mr. Abreha had to go to Royal Columbia Hospital. As a result of the attack, he had five fractures in his left cheekbone, he sustained injuries to one of his eyes and he lost four teeth in the process. He has had to have surgery on his cheekbone and apparently not all of the fractures were able to be fixed or repaired. He still, according to the victim impact statement, has pain and has to take prescription painkillers.

He also has had a lot of dental work done and fortunately was able to have crowns put on the four upper teeth he lost, so he is not having dental pain anymore. He also had to see an eye surgeon, as well as a plastic surgeon. Mr. Abreha still suffers pain and he still suffers some trauma as a result of this particular attack.

He has had some wage loss but I understand that there are compensation arrangements made for him. [ 10 ] I have had the benefit of a pre-sentence report with attachments that include a forensic psychiatric assessment. [ 11 ] MP is currently a resident at the Forensic Psychiatric Hospital and he will be in a similar institution for quite some time. As a result of a conviction for assault on April 19th, 2010, he was found NCRMD.

So, he is going to be hospitalized for quite some time. [ 12 ] I should just point out for the record the NCRMD finding was regarding theft under $5,000, assault of a police officer, and assault simpliciter in Kamloops, B.C. [ 13 ] MP has a lengthy criminal record going back to Youth Court in 2004. There are numerous breaches as well as different types of assaults and mischief. [ 14 ] MP was born in June of 1989. He had a rather unfortunate and tumultuous upbringing. He has had mental health issues identified starting as early as 1995.

He has had a variety of diagnoses that include but are not limited to schizophrenic disorder, bipolar disorder, poly-substance abuse, ADD; as I have stated, numerous different assessments and diagnoses. [ 15 ] MP says that he is sorry for what he did do. He knew at the time that what he was doing was wrong and he takes responsibility for what he did do.

As a result of his early guilty pleas, we have not had to have trials that would have been very difficult to conduct to say the least. [ 16 ] MP does not use his unfortunate childhood as an excuse. [ 17 ] I have a joint submission before me that the global sentence extend to two years. The plan is that MP would be taken to the Assessment Unit at Regional and he would be hospitalized from there. [ 18 ] The two-year sentence would be a significant step up in his record, but I note these are particularly aggravated assaults. [ 19 ] MP, with respect to the assault on Mr.

Schoenborn, there will be a six-month jail sentence. That was a serious assault, sir. For the assault on Mr. Abreha, there will be a consecutive 18-month jail sentence, for a total of 24 months. [ 20 ] There will be DNA samples ordered on both Informations because they are primary. I will waive any surcharges given that MP is hospitalized and will continue to be hospitalized for quite some time. [ 21 ] MS. McCALLUM: Crown enters a stay on Count 2.

I would ask Your Honour perhaps to make a recommendation that he be placed at the Regional Psychiatric Hospital, just as it might speed things up. [ 22 ] THE COURT: Yes, I will recommend that MP be placed at the Regional Psychiatric Hospital for his sentence, please. [ 23 ] MS. McCALLUM: Your Honour, actually, I also note, with respect to the assault on Mr. Abreha, Crown is seeking a forfeiture order of all exhibits. [ 24 ] THE COURT: Yes, certainly there will be a forfeiture. Thank you. [ORAL REASONS FOR SENTENCE CONCLUDED]