R. v. Hopley Date:, 2011 BCPC 242

Citation: R. v. Hopley Date: 20110530 2011 BCPC 0242 File Nos : 26137-4-B, 28901-1, 29075-1-A, 29096-2- A 28901-1-A Registry: Cranbrook IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RANDALL PETER HOPLEY REASONS FOR SENTENCE OF THE HONOURABLE JUDGE SHEARD Counsel for the Crown: A. Mayes Counsel for the Defendant: W. Thorne Place of Hearing: Cranbrook, B.C. Date of Judgment: May 30, 2011 [ 1 ] THE COURT: All right, Mr.

Hopley , I will tell you at the outset that I am going to select a figure that is somewhat between the numbers that were presented to me by the Crown and the defence. [ 2 ] These are the reasons it varies.

With respect to the first three offences, the breaches where you either failed to report a change of address and indeed at one point had moved to Alberta, and at other times when you were failing to abide by a curfew and you were found out on the street in suspicious circumstances, I view the first of those offences, particularly considering your record, although it is somewhat dated, where you had previously received six months of jail and two months of jail back in 1985 and 1987, that seven days does not quite reflect the seriousness of that or the next two breaches of that nature.

Regarding the final matter, when you were in the mall with the bottles, you had an appointment with but you obviously were not on your way directly to your bail supervisor's office. Nevertheless that was in the middle of the day and not otherwise in suspicious circumstances. I take a less serious view of that particular breach than the Crown. [ 3 ] And so in all of the circumstances, with respect to the first Information, 26137-B-4, I am imposing a sentence of 10 days. [ 4 ] With respect to the next Information, 28901-1, I am imposing a sentence of 20 days consecutive.

[ 5 ] Next, with respect to Information 29075-1-A, I am imposing a period of 30 days consecutive, once again, and lastly, with respect to Information 29096-2-A, I impose a sentence of three days, once again consecutive. [ 6 ] That is a period of 63 days in jail, in addition to and in view of the 34 days that you have already spent in custody since you were arrested most recently and remanded in custody. [ 7 ] I agree with counsel that in the circumstances, where you are already under a continuing probation order, no further period of probation is required or appropriate. [ 8 ] So it is a total of 63 days, and there will be an order that you -- if there has not been already -- that you attend in Sparwood Provincial Court on what day was it, Mr.

Thorne? [ 9 ] MR. THORNE: Okay, on that -- first of all, victim fine surcharge, I would ask the court to waive that. He has no possible means of paying it. [ 10 ] THE COURT: That will be waived on all those offences. (REASONS CONCLUDED)