R. v. Carr Date:, 2012 BCPC 535

Citation: R. v. Carr Date: 20120116 2012 BCPC 0535 File No: 85881-1 Registry: Port Coquitlam IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ROBERT RYAN CARR ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE BULLER BENNETT Counsel for the Crown: P. Benning Counsel for the Accused: H. Stevenson Place of Hearing: Port Coquitlam , B.C. Date of Hearing: January 16, 2012 Date of Judgment: January 16, 2012

[ 1 ] THE COURT: There will be a conditional sentence order. Mr. Carr pleaded guilty late last year, actually, to a charge on our Information 85881-1 that on or about the 11th day of January, 2011, at or near Maple Ridge, in the Province of British Columbia, did rob Tiffany Warren (phonetic) of money, contrary to s. 334(1) (

b) of the Criminal Code . [ 2 ] The circumstances are that Mr. Carr went into a TD bank in Maple Ridge. He went to the service representative who was Ms. Warren and said words to the effect of, "I have a gun. Give me the money." [ 3 ] Ms. Warren did pass about $100 in cash to Mr. Carr. That money had a dye pack in it. [ 4 ] Now, Mr. Carr was not disguised in any way. Mr. Carr left the bank. One of the bank employees followed him. While Mr. Carr was outside of the bank, he dropped the cash and the dye pack. The dye pack exploded and Mr.

Carr drove off. [ 5 ] There was no weapon recovered when police dealt with him and there was no gun or other weapon brandished inside the bank. [ 6 ] So those are the circumstances of the offence. [ 7 ] I have the benefit of, amongst other things, a pre-sentence report. The author of the pre-sentence report was unable to contact Ms. Warren, so I do not have a victim impact statement. [ 8 ] Mr. Carr, according to the psychological assessment and pre-sentence report suffers from bipolar disorder and has for some time. He was diagnosed, however, in April of 2010.

He also has a head injury resulting from a car accident. At the time of committing the offence on January 11, 2011, Mr. Carr was off of his medications that he was supposed to be taking. [ 9 ] According to the pre-sentence reports and the psychological assessment -- and I should state they are somewhat confusing and conflicting -- it is pretty clear that for quite a period of time, Mr. Carr self-medicated using Oxycontin and then escalated to using heroin at one point. He has been on the methadone program since 2009 and continues on the methadone program.

He did go to King Haven for a period of time in March 2011. However, he relapsed and started using street drugs. [ 10 ] Mr. Carr does have a court history. There are convictions in May of 2009 for possession of a prohibited or restricted weapon, wilfully resisting or obstructing a peace officer, and two convictions for operating a motor vehicle while disqualified. There were jail sentences on all of those offences, plus probation on the weapons offence. [ 11 ] I do accept the reports and submissions of counsel that it was particularly important that Mr.

Carr was not taking his medication and perhaps using street drugs at the time of committing the offence before me. [ 12 ] Defence counsel seeks a conditional sentence. Crown does not specifically oppose that form of sentence. I understand by way of submissions, and somewhat contrary to the psychological report, that Mr. Carr enjoys the support of his family and has for quite a period of time. They are willing to support him not only in his employment, but also in his residence and to supervise him, essentially. He has a long-term social worker who is also willing to supervise him in the community. [ 13 ] Mr.

Carr can work with his father on a daily basis. I understand that he can live in the same apartment building as his parents. They are willing to support him and supervise him in that regard as well. [ 14 ] Mr. Carr committed a serious offence when he robbed the bank. It was violent and there was a real victim involved who was Ms. Warren. I have not heard from her about how she specifically felt about this offence, but I have heard from numerous other bank service representatives over the years and they are terrified by these types of experiences.

Some even pursue other types of employment because they are so afraid of what happened, even when there is no gun or no knife or any immediate form of weapon. So, I have to assume that there was some effect on Ms. Warren. [ 15 ] Of course, people like bank tellers and convenience store workers are entitled to protection by the courts. They have difficult jobs at the best of times. [ 16 ] There are mitigating circumstances. You pleaded guilty to the charge, and I know that in the criminal record that is in the pre- sentence report, you do not have any breaches of court orders.

That works in your favour. [ 17 ] You are very fortunate, sir, to have family support. That goes past just what ordinarily we might expect from a family to actually supervising you, your medication, finding work for you, taking you to and from work, things like that. Also, you are very fortunate to have a social worker who is willing to continue working with you. I know you have been on a disability pension for quite some time because of your mental illness, and it looks like Ms.

Hebert is willing to continue that supervision in the community. [ 18 ] I know, although it may not be a true mitigating circumstance, being off your medication is really an important factor here, because it seems like, from what I have read from Ms. Hebert and others in these reports, when you take your medication, you are quite a reasonable person, thoughtful person and caring person. [ 19 ] I am grateful to your lawyer for providing me with the Alberta decision, Her Majesty the Queen v. Kelly Kratky , [2010] Alberta Provincial Court 248.

It is particularly persuasive starting at paragraph 24 of that decision in particular, and going to paragraph 26, about considering the safety of the community in crafting a conditional sentence order. [ 20 ] There, of course, has to be a jail sentence. It is a robbery. It is a violent offence and it is a serious offence.

But particularly because of the plan you have in place with your family and your social worker, because there have been no prior breaches of court orders, and because of the terms that can be imposed and the decision that I have referred to from Alberta, I think that not only the principles of sentencing, but also the safety of the community can be properly addressed through a conditional sentence order.

[ 21 ] So, this is your jail sentence, sir, that I am allowing you to serve in the community for a period of 12 months. During that time, you have to keep the peace and be of good behaviour, which means you have to stay out of trouble. [ 22 ] You have to report to court when required to do so.

You will report to a supervisor by 4:00 p.m. today in this building, and report thereafter as and when directed by your supervisor, and in the manner directed by your supervisor. [ 23 ] You will remain within the Province of British Columbia unless written permission to go outside of the province is obtained from your supervisor.

You will notify your supervisor in advance of any change of name or address, and promptly notify your supervisor of any change of employment or occupation. [ 24 ] You must reside daily at 33555 South Fraser Way, Abbotsford, British Columbia, and you will not change that address without the prior written permission of your supervisor. [ 25 ] You will have no contact, directly or indirectly, with Tiffany Warren, except you will, by February 3rd, 2012, under the direction of and to the satisfaction of your supervisor, write a letter of apology to Tiffany Warren. [ 26 ] You must not have in your possession any weapon as defined by the Criminal Code including any knives, except for the immediate preparation or consumption of food or for the purpose of employment while at your place of employment, or any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any authorizations or registrations held by you until dealt with according to law. [ 27 ] You must abstain absolutely from the consumption and possession of alcohol or any non-prescription drugs or substances referred to in the Controlled Drugs and Substances Act for which you do not have a prescription.

You must submit to a breath test, blood/urinalysis test upon the demand of any peace officer or police officer who has reason to believe that there has been a breach of the immediately preceding condition of this order, or upon the demand of your supervisor for any reason to determine compliance with this order. [ 28 ] You must accept for and accept such counselling as directed by your supervisor including but not limited to psychiatric and psychological counselling, drug abuse, alcohol abuse, substance abuse, anger management, residential treatment, and you must complete that counselling and programming to the reasonable satisfaction of your supervisor. [ 29 ] You will remain inside of your residence at all times except as follows: except unless you are in the immediate presence of your mother or father, except for the purpose of employment while at the place of your employment, except for medical and dental appointments and treatment, except for court appearances and except for when you have written permission from your supervisor to be outside of your residence, in which case that written permission must be carried with you.

Otherwise, you will be continuously in your place of residence.

If any police officer or your supervisor knocks on your door to determine compliance with this order, you must present yourself at the door of your residence. [ 30 ] You must seek and maintain employment or attend such educational program as directed by your supervisor. [ 31 ] You will take reasonable steps to maintain yourself in such a condition that your mental health will not likely cause you to conduct yourself in a manner dangerous to yourself or anyone else, and it is not likely that you will commit further offences. [ 32 ] You must commence or continue such medical, psychiatric or psychological treatment as may be considered appropriate including taking prescribed medications. [ 33 ] You will attend, as directed, from time to time at your treating physician for the purpose of receiving such medical counselling and treatment as may be recommended, except that you shall not be required to submit to any treatment or medication to which you do not consent.

If you do not consent to the form of medical treatment or medication which is prescribed or recommended, you shall forthwith report to your supervisor and report thereafter daily to your supervisor. [ 34 ] You shall provide your treating physician with a copy of this order and the name, address and telephone number of your supervisor.

You shall instruct your treating physician that if you fail to take medication as prescribed by him or her, or fail to keep an appointment made with him or her, your treating physician shall advise your supervisor immediately of such failures. [ 35 ] Those are the terms on the order, sir. If you do not follow them, there will be a warrant for your arrest.

You will be held in custody and I cannot guarantee that you will be released from custody, sir. [ 36 ] Also there will be a further hearing in front of me, and I will determine whether you serve all or a part of the remainder of your conditional sentence in a real jail. [ 37 ] Now, the record should show, also, that you have time served, the equivalent of three months minus one week. [ 38 ] Now, after you are finished the conditional sentence order, you will be on probation for a period of three years. Again, during that time, you have to keep the peace and be of good behaviour.

You will have to report to a probation officer in this building within 72 hours of completing your conditional sentence order, and you will report thereafter as directed by your probation officer. [ 39 ] You will reside daily at a residence approved of by your probation officer and you will not change that residence without the prior written consent of your probation officer. [ 40 ] You will not possess any weapons as defined by the Criminal Code including knives, except for the immediate preparation and consumption of food, and except for the employment while at your place of employment. [ 41 ] You will not possess or consume any alcohol or controlled substance within the meaning of s. 2 of the Controlled Drugs and

Substance Act except as prescribed by a licensed physician. [ 42 ] You shall attend for, participate and complete to the satisfaction of your probation officer any counselling or program as directed by your probation officer.

This counselling or program may include counselling for anger management, alcohol or drug abuse, or residential treatment for drug or alcohol abuse. [ 43 ] Having agreed in court you will take reasonable steps to maintain yourself in such a condition that your mental health will not likely cause you to conduct yourself in a manner dangerous to yourself or anyone else, and it is not likely you will commit further offences. [ 44 ] You must commence or continue such medical, psychiatric or psychological treatment as may be considered appropriate including taking prescribed medications. [ 45 ] You will attend, as directed, from time to time at your treating physician for the purpose of receiving such medical counselling and treatment as may be recommended, except that you shall not be required to submit to any treatment or medication to which you do not consent.

If you do not consent to the form of medical treatment or medication which is prescribed or recommended, you shall forthwith report to your probation officer and report thereafter daily to him or her. [ 46 ] You shall provide your treating physician with a copy of this order and the name, address and telephone number of your probation officer.

You shall instruct your treating physician that if you fail to take medication as prescribed by him or her, or fail to keep an appointment made with him or her, your treating physician shall advise your probation officer immediately of such failures. [ 47 ] Now, those are the terms on the probation order, sir, for a period of three years. All of this will be written out for you, of course. If there is something you do not understand, please ask. Your probation officer, your supervisor, your lawyer, please ask someone, sir. [ 48 ] Now, I have to order that you provide a sample of your DNA.

That will be done by the Deputy Sheriffs. That is on the robbery. [ 49 ] I am going to impose, under s. 109, I believe it is, a ten-year weapons prohibition. [ 50 ] I will waive any surcharges if there are any, because I know Mr. Carr has very limited finances. [ 51 ] And 85971-1? [ 52 ] MR. BENNING: Stayed. (SUBMISSIONS BY COUNSEL) [ 53 ] THE COURT: Yes, that is perfect, yes. Upon release from custody, report within 72 hours to a supervisor here and then within 30 days of release from custody, a letter of apology. Thank you. (ORAL REASONS FOR SENTENCE CONCLUDED)