R. v. Wilson-Hives

2020 BCSC 1488 R. v. Wilson-Hives

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Wilson-Hives, 2020 BCSC 1488 Date: 20200908 Docket: 28282‑2 Registry: Vancouver Regina v. Dallas Wilson-Hives Before: The Honourable Associate Chief Justice H. Holmes Oral Reasons for Sentence Counsel for the Crown: J. Machek Counsel for the Accused: M. Beckett Place and Date of Hearing: Vancouver, B.C. September 8, 2020 Place and Date of Judgment: Vancouver, B.C. September 8, 2020 [1] THE COURT: Mr. Wilson‑Hives has pleaded guilty to Counts 3 and 4 on the indictment. Count 3 charges robbery. Count 4 charges, essentially, that he committed the robbery by using an imitation firearm. Those events were on May 10, 2018. [2] It is clear to me that counsel have given this matter a great deal of consideration, as has Mr. Wilson‑Hives. I am not going to repeat the content of the excellent oral submissions made this morning, or Mr. Beckett's extensive and helpful written sentencing brief delivered earlier, most or perhaps all of which the Crown takes no issue with. [3] A joint submission is always a submission to be taken very seriously by the court. In this case, I have no reason at all to be concerned that the joint submission would lead the Court to impose a sentence that would not accord with the sentencing principles, or that would in any way bring the administration of justice into disrepute. I am satisfied that the sentence

jointly proposed is entirely appropriate. It satisfies the principles of sentencing as they apply in this case, taking into account the circumstances of these offences and their effects, and Mr. Wilson‑Hives' circumstances. [4] I am not going to repeat the descriptions of those circumstances. They are set out in the defence written brief, which is Exhibit 1. There is also a very helpful presentencing report. The portions of that report that I consider to be the most material are quoted in the defence sentencing brief, so it is not necessary, in my view, for the presentence report to also be marked, although it is available in the court file if it is ever required. [5] Mr. Wilson‑Hives, could you stand, please. [6] Your sentence will be as jointly proposed. [7] On Count 3, which is the charge of robbery, you are sentenced to 30 days' imprisonment. [8] On Count 4, which is the charge of using an imitation firearm while committing the robbery, you are sentenced to the mandatory minimum period of imprisonment, which, in the circumstances of your case, is one year. [9] Those sentences are to be served consecutively, making for 13 months in total. [10] On your release from imprisonment, you will be subject to a probation order for a period of 12 months. [11] The terms will be as proposed in the defence sentencing brief - and I know you have gone over them with your counsel. They will

be reviewed with you in the court registry. [12] In addition to the mandatory terms that you keep the peace and be of good behaviour, and that you appear before the court when required to do so, you are also to notify the court or your probation officer if you change your name or your address, or if you change employment or take up employment or an occupation. [13] You are not to enter any taxi cab or ride‑share vehicle. [14] This next term will be slightly different from what was proposed in the written sentencing brief, because it will take account of some of the constraints of the pandemic. You are to report regularly as directed to a probation officer, but the term will say that you are to report within two business days of your release from custody, unless before then you have obtained written permission from your probation officer to report in a different way. You are to make that first report by telephone unless there has been an arrangement for a different form of reporting. You are to report by telephone to [redacted]. After that first report by telephone, you are to report in whatever manner your probation officer directs. [15] You must attend, participate in, and complete any type of counselling or education program your probation officer directs. This may include for alcohol or, in your case, drug addiction or mental health. [16] You are not to possess any form of

weapon. There will be more detail to that term. [17] You are to have no contact, directly or indirectly, with the two taxi drivers named in the charge to which you pleaded guilty and the other charge that was on the indictment. Their names are Sukhdev Pannu and Ranbir Kumar. And Madam Registrar, the spelling of Sukhdev is a bit different from in the presentencing report. The indictment has the correct spelling. [18] Those are the terms of the probation order. [19] You will be subject to a ban on possessing any type of firearm for 10 years, according to s. 109 (1)(a) of the Criminal Code. For restricted or prohibited weapons, you are prohibited for the rest of your life from having them in your possession. [20] You are to provide a sample of a bodily substance that is suitable for DNA analysis. That, too, is a stand-alone order. [21] I expect that when you are in custody, you will be offered programs designed to help you with your addiction. I strongly encourage you to get everything you can out of those programs. You appear to be motivated to overcome your addiction. You have good support in your family. You have a daughter who needs you. You have the will to do it, and I wish you all the best in overcoming what has been severely limiting your ability to get all the good things out of life and give back in the way you should be able to do. Take advantage of those supports. I

wish you the best in doing so. [22] Is there anything I need to address? [23] MS. MACHEK: Just to make sure that that we end with "and when directed". So Your Ladyship, he could first report by telephone, unless there's been a different arrangement, to the phone number, and in whatever manner directed, and then when directed. To make sure he doesn't miss it. [24] THE COURT: Yes. There is to be continual reporting as directed. [25] MS. MACHEK: Thank you. You made that clear. [26] THE COURT: Thank you for raising that. Nothing else? [27] MS. MACHEK: I just need to direct, Your Ladyship, a stay of proceedings with respect to Counts 1 and 2, and I do so at this time. "The Honourable Associate Chief Justice H. Holmes"