R. v. Jenkins

2014 BCSC 494 R. v. Jenkins IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Jenkins, 2014 BCSC 494 Date: 20140303 Docket: 153914-2 Registry: Victoria Regina v. Paul David Jenkins Before: The Honourable Madam Justice J. A. Power Oral Reasons for Sentence Counsel for Crown: R. Fowler Counsel for Accused: B. L. Hickford Place and Date of Trial/Hearing: Victoria, B.C. February 24-25, 2014 Place and Date of Judgment: Victoria, B.C. March 3, 2014 [1] THE COURT: In respect of the sentencing of the included offence of possession, which relates to, as Crown indicated, a single spitball, I will impose a sentence of time served, which constitutes the two days that Mr. Jenkins has spent in jail. [2] In respect of the victim fine surcharge, I have not refreshed my memory in respect of the Code. [3] MR. FOWLER: Well, this matter pre-dates the most recent legislation that has changed whether or not Your Ladyship would have a discretion, so I -- my view is that you would have the discretion to waive it in the circumstances, although I don't know that this is a case where that is necessary. [4] THE COURT: All right. So did you have any submissions, Mr. Hickford? [5] MR. HICKFORD: Well, what I can tell you is that you will recall that my client couldn't be here on the Wednesday and Thursday of last week, that is because he was involved in a serious motorcycle accident about a year and a half ago and now he is going in because of blockages he had. He had to go into the nuclear medicine facility at VGH, they had to perform a number of tests on him, because he is having a great deal of difficulty with his heart at this time. He gets those results in 10 days. I don't know where that goes from here, whether it is going to be surgery or whether they can deal with it by way of a stent, but suffice it to say that -- that he is -- does have limited means at this time as a result of his health problems. So if Your Ladyship would consider it appropriate it would in the circumstances, in my respectful submission, be appropriate to waive the victim fine surcharge. [6] All right. Well, in light of Mr. Jenkins' health problems, and in light of the fact that I have continuing discretion in light of when the offence took place, I will in all of the circumstances exercise my discretion and waive the victim fine surcharge. [7] MR. HICKFORD: Thank you, My Lady. I thank my friend. [8] THE COURT: Thank you very much. "J. A. Power, J." The Honourable Madam Justice J. A. Power