R. v. Chomsky Date:, 2016 BCPC 220

Citation: R. v. Chomsky Date: 20160601 2016 BCPC 220 File No: 84074-1 Registry: Kelowna IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. TERESA ANN CHOMSKY ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE BURDETT Counsel for the Crown: P. O'Neil Appearing in person: T. Chomsky Place of Hearing: Kelowna , B.C. Date of Hearing: June 1, 2016 Date of Judgment: June 1, 2016

[ 1 ] THE COURT: My job, as I said, in sentencing you is to take into account the circumstances of the offence, your personal circumstances, and -- [ 2 ] THE ACCUSED: But you found me guilty, Your Honour. [ 3 ] THE COURT: -- apply the -- yes, I did. [ 4 ] THE ACCUSED: By -- by the evidence of -- of a real estate lady that was driving by and couldn't answer anything properly, except when asked by the prosecutor. [ 5 ] THE COURT: I am not going to reargue the case, madam. I have made findings of fact.

I did not find you to be a credible witness on certain points of your testimony. [ 6 ] THE ACCUSED: Yeah, of myself. [ 7 ] THE COURT: So I am imposing a fine of $250. [ 8 ] THE ACCUSED: And then what about the -- [ 9 ] THE COURT: I am suspending your right to drive anywhere in Canada for a period of six months. [ 10 ] THE ACCUSED: Anywhere in Canada? [ 11 ] THE COURT: Anywhere in Canada for a period of six months. [ 12 ] THE ACCUSED: Do you know that I just got hired today for Census Canada to work for the government and I brought evidence of that. [ 13 ] THE COURT: I am imposing that sentence because, in my view, you have not and still refuse to appreciate the seriousness of your actions that night. [ 14 ] THE ACCUSED: My seriousness -- my actions was escaping somebody that was violent and had full intentions of pinning me in and trapping me in a tow, once I had the understanding, it was under tacit consent -- [ 15 ] THE COURT: Okay. [ 16 ] THE ACCUSED: -- that I was leaving. [ 17 ] THE COURT: And you know, the primary factors in sentencing are specific and general deterrence and protection of the public. [ 18 ] THE ACCUSED: Protection of the public and me?

I'm the only victim here. That man was not hit.

He slammed himself on my car. [ 19 ] THE COURT: Now, I should warn you that the Superintendent of Motor Vehicles of British Columbia may well suspend your right to drive for a longer period of time. [ 20 ] THE ACCUSED: I just paid a $300 reinstatement fee. [ 21 ] THE COURT: I have no control over what the Superintendent of Motor Vehicles does, in terms of whether or not to extend that suspension for longer than six months. [ 22 ] How much time do you need to pay that fine? [ 23 ] THE ACCUSED: What about how much time do I need to raise my children and pick up my daughter from school today? [ 24 ] THE COURT: How much time do you need to pay the fine, ma'am? [ 25 ] THE ACCUSED: You don't care. [ 26 ] THE COURT: I will give you six months to pay the fine. [ 27 ] THE ACCUSED: And is this all about just making money here?

What about my right to -- [ 28 ] THE COURT: You have to go downstairs now to the registry. Madam Clerk will give you a slip of paper and you sign those documents, time to pay for your fine. (REASONS CONCLUDED)