R. v. Beals, 2011 NSSC 17

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Beals, 2011 NSSC 17 Date: 20110104 Docket: CRH 320467 Registry: Halifax Between: Her Majesty the Queen v. Galen Anthony Beals, Robert Lewis, and Tyler McInnis Judge: The Honourable Justice Felix A. Cacchione Heard: January 4, 2011, in Halifax, Nova Scotia Written Decision: January 19, 2011 Counsel: Shaun O’Leary, for the Crown J. Patrick L. Atherton, for Mr. Beals Alfred A. Seaman, for Mr. Lewis Peter Planetta, for Mr. McInnis By the Court :

[ 1 ] Mr. McInnis I am going to accept the joint recommendation for the penalty in this case being the time that you have served in custody. You are hanging with bad company Mr. McInnis. You want to spend time in the federal pen, just keep hanging with those guys and that is where you are going to be headed. If that is the status you want to achieve, go right ahead, but I think that you are young enough that you might want to change your mind, change your career path. Hopefully I will not have to see you again Mr. McInnis. But if I do, it is not going to be time served. Do you understand that.

All right. [ 2 ] The sentence for Mr. McInnis with respect to s.4(1) of the Controlled Drug and Substances Act is for time served. You are free to go sir. [ 3 ] Mr. Beals pled guilty to one count under s.95(1) of the Criminal Code . The Crown offered no evidence on the other 17 counts on this indictment. The joint recommendation before the Court is three and one half years sentence. That would take into account, I gather, his time spent on remand. MR.

O’LEARY : My Lord, I can indicate that time spent on remand on other matters has been attributed to other sentences, as I understand it, and that there is no additional, there is no time served being attributed in this particular matter, although Crown certainly has borne in mind Mr. Beals’ period of conviction in Ontario. [ 4 ] One of the things that I have learned over the past quarter century sitting here is that in cases involving joint recommendations the court is often not in the know with respect to many factors that would lead to the acceptance of a proposed plea arrangement.

I think that this is, again, one of these cases. I am unsure as to whether or not the Charter challenges that were proposed would have been successful or not. I am not aware of difficulties that the Crown may have had in pursuing this matter, but I have before me experienced counsel who have reached an agreement disposing of a three week long jury trial. Mr. Beals’ record is before me.

There are cases of uttering death threats, failure to comply and as well there is discharging a firearm for which he received five years, together with another year and a half consecutive for obstructing or attempt to obstruct justice. These were enclosed in 2009. The three and a half year sentence, although it appears to me to be somewhat lenient, is acceptable to the Court. [ 5 ] Stand up Mr. Beals. [ 6 ] The sentence of this Court is that you be incarcerated for a period of three and one half years to run consecutive to any sentence that you are presently serving.

There will as well be a DNA order, s.109 prohibition for life prohibiting you from possessing firearms, ammunitions or explosives. As well there will be a forfeiture of the monies seized from you and the weapon. The victim fine surcharge is waived given that Mr. Beals is in custody for quite a stretch. [ 7 ] Mr. Lewis, is there anything you would like to say before I sentence you? MR. LEWIS : Not much Your Honour, just that, uh, I’m going to use this time to think about what I gotta do when I get back out here with my kids. And that’s all. THE COURT : Well I hope that you spend the time, Mr.

Lewis, not in the company of Mr. Beals if you are housed in the same institution because you are... MR. LEWIS : Either way, I’ll try to get through to him too. THE COURT : Well, you know, packing a 9 millimetre that is loaded or having a shot gun that is sawed off and ammunition available, with drugs. That’s a bad combination.

MR. LEWIS : It...it is. It really is. But people can change too. THE COURT : I realize that sir and I hope, I hope that you do change. I do not hold out much hope for Mr. Beals, but I do hold out hope for you. All right. [ 8 ] Bear in mind what happened in North Preston. Martez Provo and another Mr. Beals was shot dead. Right. It happens all the time, because people are packing pieces. You cannot have that in society. Have a seat then. [ 9 ] As indicated previously, this is a joint recommendation. Mr.

Lewis pled guilty to one charge of possession for the purpose of trafficking and one charge under s.95(1) of the Criminal Code . The latter charge carries a minimum penalty of three years. There is a joint recommendation before me for four and a half years. Given the time that Mr. Lewis has spent in pretrial custody, which amounts to ten months, plus the fact of rigorous house arrest provisions for a period close to two years, it seems to me that the proposed sentence is fit and proper. [ 10 ] With respect to the offence under s.5(2) of the Controlled Drugs and Substances Act Mr.

Lewis is sentenced to one and a half years. With respect to the s.95(1) as to minimum penalty, three years, that will be consecutive. The total sentence is four and a half years. Victim Fine Surcharge is waived. There will be a s.109 order for life, prohibiting him from possessing weapons, ammunitions or explosives. There, as well, will be a DNA order and forfeiture of the money found on Mr. Lewis, the money found in the safe, the weapons that was found in the storage unit, as well as any monies or drugs that were found on Mr. Lewis. [ 11 ] Thank you counsel for resolving this matter.

I appreciate your efforts. _______________________ Cacchione, J.