R. v. Adams Date:, 2011 BCPC 289

Citation: R. v. Adams Date: 20110729 2011 BCPC 0289 File Nos: 214142-1-K, 8100-2-KC Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. KENNETH PRESTON ADAMS EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE C. L. BAGNALL Counsel for the Crown: E. Leno Counsel for the Defendant: B. Anderson Place of Hearing: Vancouver, B.C. Date of Judgment: July 29, 2011 [ 1 ] THE COURT: Kenneth Adams is to be sentenced today respecting a number of offences arising out of two separate incidents. The first was on June the 11th, 2010. Mr.

Adams, after a trial, was convicted of unlawful confinement, assault with a weapon, which was a knife, assault causing bodily harm, and possession of a weapon for a purpose dangerous to the public peace. [ 2 ] The facts which gave rise to these convictions are set out in more detail in my reasons which were delivered on April the 11th, 2011. Briefly, Mr. Adams and his then-girlfriend, Farrah Johnson, had been socializing and consuming alcohol. He became angry with her and he confined her in his hotel room, moving furniture in front of the door. He pushed her down on the bed and held her down.

He held a knife to her face resulting in a cut on her cheek. He pushed her to the floor, pushing on her face. [ 3 ] During the time that he was holding a knife close to her face, she tried to grab the knife and that resulted in some cuts on her left hand. The argument ended and Ms. Johnson, probably as a result of alcohol consumption, fell asleep in the hotel room. Mr. Adams allowed her to leave the next morning after apologizing and having a discussion with her about what she would tell people to explain her injuries. Ms. Johnson left the hotel room and ultimately reported the events to the police. [ 4 ] Mr.

Adams testified during the trial with respect to the events, but I did not believe what he said. The trial respecting the charges that resulted from these events began on February the 24th, 2011 and continued on a number of days for a number of months.

[ 5 ] On January the 5th, 2011, Mr. Adams encountered Ms. Johnson in a pub. She was with her new boyfriend and her cousin, Maxine Pete. Mr. Adams was on bail with respect to the events of June 2010, and that bail order included a condition that he have no contact with Ms. Johnson. But on this day, he went and spoke to her and he followed the group, apparently from one pub to another, during the evening. He tried to intervene when the three got into a taxi, and as a result he was charged with assaulting Maxine Pete on Information 8100-KC.

He has entered a plea of guilty with respect to the charge of assault on that Information. [ 6 ] Mr. Anderson's recitation of the events was somewhat vague, but the Crown agreed that I should sentence Mr. Adams on that version of the facts, which was that Ms. Pete was assaulted while Mr. Adams was trying to prevent the group from leaving in the cab. [ 7 ] Later that evening Mr. Adams again approached the group. A fight erupted between himself and Ms. Johnson's new boyfriend. Mr. Adams got the better of the new boyfriend, and while he was on the floor and curled up trying to protect himself, Mr.

Adams kicked him in the head and the stomach. Mr. Adams has been convicted of assault causing bodily harm respecting that event. He was sentenced on April the 8th, 2011, to serve one month in jail, having already been in custody for three months at that point in time. [ 8 ] Mr. Adams has other criminal convictions. On August the 23rd, 2006, he was convicted of breaking and entering, assault with a weapon, uttering threats and breach of a bail order. Having served six months in custody, he was sentenced to one day on each count.

His record is not clear, but I am assuming, because of the timing of that conviction, that the court would have considered those six months as if that were service of 12 months incarceration. At that time, Mr. Adams was also placed on probation for 12 months. These convictions resulted from the breakdown of a relationship with a woman. [ 9 ] The Crown says that the appropriate sentence respecting the offences on Information 214142-K, which arose from the events of June the 11th, 2010, is in the range of 18 to 24 months.

The Crown says that the appropriate sentence respecting the assault on Maxine Pete, Information 8100-K from January the 5th, 2011, is three to four months consecutive. [ 10 ] On behalf of the offender, Mr. Anderson submitted that a conditional sentence order is the appropriate sentence. It was highlighted that Mr. Adams has been working in the laundry while at North Fraser Pre-Trial Centre where he has been since January. His work evaluation is very positive. He has completed a substance abuse program and a program aimed at preventing violence in the domestic context. Mr. Anderson told me that Mr.

Adams is remorseful respecting his behaviour and anxious to get on with his life. [ 11 ] Mr. Anderson provided to the court a letter written by Mr. Adams on July the 10th, 2011. He characterized the accused's comments in this letter as straightforward. In his letter, Mr. Adams wrote about his work while in custody and the programs that he has taken. He also wrote [as read in], I have accepted responsibility for what I have done and I am responsible for my actions. I am sorry for what I have done and if I had to go back in time, I should have walked away from it the first time.

These programs have taught me something I should have done the first time, which was to control my way of thinking, control my emotions to walk away. The most who had to suffer from all this is my kids, my mom and my family members. I have a 17-year-old son and a 10-year-old daughter. My mother is taking my daughter down to Vancouver here this summer for their annual vacation. [ 12 ] Mr. Adams also wrote about the events which gave rise to some of the convictions on his record and in particular those from August 2006. He described stabbing his then-girlfriend's cousin as

an act of self-defence. Mr. Adams discussed in his letter his intention to walk away from that kind of trouble as well in the future. [ 13 ] Curiously, he wrote that he is an alcoholic and intends to continue drug and alcohol counselling once released from custody, but also that he intends to drink, but only in his residence instead of abstaining from the consumption of alcohol entirely. Mr. Adams also wrote at length about the difficulties he would face if a curfew is part of his sentence.

His letter ends with these comments [as read in], These 10-week programs that my probation officer has suggested, I can possibly take one of these 10-week programs. I would like you to take into consideration that if I do take these programs, social assistance may not help me out. Social assistance requires to constantly to be looking for a job to stay on social assistance. So being on all these programs may interfere with taking ten-week programs. Looking for a job and keeping one is hard enough being on probation. I may have to try to get on disability on social assistance which takes six months to approve.

Whatever your decision may be, I may be homeless because of these numerous conditions. I would like you to take this under consideration. I will try my best at what your decisions may be. The main reason I want to look for a job so bad is my kids and that is all that matters to me now. When and if you decide to put these no alcohol ban and curfew and programs on me, I would trade it all in for community hours. I would like to express how sorry I am for all my actions leading up to my incarceration again.

Thank you very much for giving me the chance to say what I have to say and thank you for taking the time to read it as well. [ 14 ] In my view, and I have read it more than a few times, Mr. Adams' letter reflects no remorse whatsoever regarding his assaultive behaviour towards Farrah Johnson or towards Maxine Pete. These people are not even mentioned in his letter. [ 15 ] A pre-sentence report has been prepared and filed. Mr. Adams is 38 years old. He is of First Nations descent. He was born in Terrace and he described his childhood to the probation officer who prepared the report as happy and supportive.

He has fathered two children with two different women who are now aged 17 and 10. The pre-sentence report sets out that he has, in fact, minimal contact with them. He has a Grade 10 education, having been expelled from school for absenteeism. He completed the culinary arts program at Kla-how-eya in 2006 but has not worked regularly in the food industry. He has supported himself since the age of 19, that is for almost the last 20 years, primarily with social assistance.

He is in arrears on his family maintenance payments but he does not know exactly how much he owes. [ 16 ] The pre-sentence report includes the following under the headings, "Behaviour, Emotional Status and Substance Misuse". [As read in] During the interview, Mr. Adams appeared to have minimal insight into his pattern of behaviour, and furthermore, he had a victim- blaming attitude. He rationalized his behaviour by stating that his girlfriends often lie to him and would abuse alcohol which their relationship problems [sic].

According to Mr. Adams, he is the victim and his actions were meant to "protect" his partners. Mr. Adams states that he first experimented with marihuana and alcohol when he moved to Vancouver around the age of 17. He denies having any substance misuse issues. The subject claims to only drink beers socially and occasionally consume shots of hard liquor. He believes that the women he has dated have all had issues with alcohol which caused issues in the relationship. Mr. Adams does not see a connection between his alcohol consumption and his criminal offending behaviour.

In contrast to his opinion, it appears that alcohol has been a factor in his prior offending. The subject's alcohol consumption further exacerbates his thinking errors and decreases his ability to control his impulses. Despite the fact that he does not feel that he does not feel that he has any issues with alcohol, Mr. Adams states that he was seeing Ms. Linda August, a drug and alcohol counsellor, on his own volition in November 2010. He advises that he saw her once a week for nearly a month. Unfortunately, this writer was unable to corroborate this information with Ms.

August prior to the submission of this report. Mr. Adams explained that he went to counselling to better deal with being in a relationship with an alcoholic, not to discuss his own issues with alcohol. In retrospect, he feels that attendance at Al-Anon would have been more appropriate for him. Nevertheless, Mr. Adams was agreeable to continue to see Ms.

August upon his eventual release. [ 17 ] Regarding the convictions for violent offences on his record, the report includes this [as read in], In 2006, he was convicted of his first violent offence of assault with a weapon, uttering threats, and break and enter with intent to commit an offence. At the time, he was in a relationship with Ms. A. B. Mr. Adams spent the day drinking alcohol with Ms. B's male cousin. When Ms. B. arrived home, she was angry at the subject for drinking without her. An argument pursued [sic] and Mr. Adams admits he pushed Ms. B. on the bed.

Her cousin witnessed this and became violent with Mr. Adams. Mr. Adams reports he was only acting in self- defence and he stabbed the cousin with a hearing -- I believe it means paring. -- knife in order to save his own life. Mr. Adams has a history of violent acts which appears to be escalating. Additionally, he does not appear to show any signs of remorse for his actions. It is of concern that his acts of violence have also involved weapons use. In April 2011, Mr. Adams was convicted of assault causing bodily harm against Mr. Eric Aukland. Mr.

Aukland was dating the victim of the current offence before the courts, Ms. Farrah Johnson. Mr. Adams, again, justifies his actions by stating that he was acting in self-defence. The subject was callous in his explanation that Mr. Aukland was "knocked to the ground and lying in a pool of blood" after he assaulted him. Mr. Adams does not take any responsibility for his prior offending. Mr. Adams admits his viewpoint directly contradicts those in the report to Crown counsel. There is also this comment under "Attitude and Understanding Regarding the Offence".

His attitude is difficult to assess due to his position on outcome of prior court appearances. Mr. Adams views himself as a victim of the offences before the court. He justifies his actions and maintains that if given the opportunity to go back to both dates, he states that he would not change his behaviour. On June the 11th, 2010, Mr. Adams states that Ms. Johnson was already inebriated and she wanted to return to the bar to drink more. For her own safety, Mr. Adams states that he confined her in the room and pinned her on the bed so that she would not drink any more.

He states that he had no intention of using the knife he had on her and, if anything, he planned to use the knife on himself. When asked how he intends to avoid any similar incidents in the future, Mr. Adams responded that he plans not to "date women who are alcoholics." During the winter in 2010, Mr. Adams states that he returned to Terrace for approximately one month for hunting season. Upon his return, he had expected to resume his relationship with Ms. Johnson. Instead, he explains that on January the 5th, 2011, he saw her at the bar with the new partner, Mr. Eric Aukland. Mr. Adams states that Mr.

Aukland was threatening him and attempting to punch him first and he only acted in self-defence. Mr. Adams estimates that he drank around six bottles of Budweiser prior to the altercations. Also on January the 5th, 2011, the subject alleges that Ms. Maxine Pete slammed a taxi door on her own hand and in turn he was convicted of assault causing bodily harm. With respect to those last comments about Ms. Pete, at the time that this report was prepared, Mr. Adams had in fact not been convicted of anything with respect to that particular offence.

He did plead guilty, but on the basis of the facts as I have described them. [ 18 ] The report concludes with the observation, and I am paraphrasing, that given the severity of the incidents and his limited acceptance of responsibility, there is little confidence that his problematic behaviours will improve. [ 19 ] With respect to three of the offences for which I must sentence Mr.

Adams, in my view, a conditional sentence order is not available and that is because of the workings of the Criminal Code and s. 752 . [ 20 ] With respect to all of the offences, I am satisfied on the basis of the materials before me, including having heard the evidence presented by the Crown and from the accused respecting the events of June the 11th, 2010, that if Mr. Adams were to serve his sentence in the community, the safety of the community would be in danger. [ 21 ] The sentence therefore will be as follows -- you should stand up now, Mr. Adams.

With respect to Counts 1 through 4 on Information 214142-K, on each of those counts you will serve 18 months. Those four 18-month sentences will be concurrent, one with the other. I am going to ask that your record reflect that I have taken into account three months of time that you have been in custody and there will be no surcharges with respect to this matter. [ 22 ] With respect to Count 2 on Information 8100-K, you will serve one day in custody.

In view of the facts put forward by the defence and agreed to by the Crown, I am satisfied that the sentence handed down on April the 8th, 2011, respecting the other assault committed on the same day would have been the same if this assault had been dealt with at the same time.

[ 23 ] These sentences will all be concurrent one with the other. There will be no surcharge with respect to this last offence. [ 24 ] With respect to the four counts on the first Information, Mr. Adams will also be placed on probation for a period of two years. The following conditions will be added to those required by the statute. He will have no contact, directly or indirectly, with Farrah Mary Ann Johnson nor with Maxine Laverne Pete. He will possess no weapons.

He will report within 72 hours of his release from custody to the probation office at 275 East Cordova Street, Vancouver, B.C., and thereafter as directed. He will take counselling as directed. [ 25 ] The order will be prepared in writing; it will be read and explained to Mr. Adams and a copy will be given to him. I delegate to the Clerk of the Court the other responsibilities I have under the Criminal Code . [ 26 ] An order with respect to Mr. Adams' DNA has already been made. It is a mandatory order.

If it is necessary to make it again, I will do so. [ 27 ] With respect to the other mandatory order under s. 109, that will be for a period of his life. [ 28 ] And, Ms. Leno, you want to stay Count 1 on Information 8100-K, do you? [ 29 ] MS. LENO: That is correct. And if we can just state for the record then on 8100, it was a discretionary DNA order. I made the application. If you just say you are declining it, it saves the paperwork. [ 30 ] THE COURT: Because it has already been done? [ 31 ] MS. LENO: Yes. [ 32 ] THE COURT: Thank you. [REASONS CONCLUDED]