5 Years For Thief, Blast for Government
By 250 News
Prince George, B.C. - Before handing down sentence to Christopher Ross Blainey, B.C Supreme Court Justice Glen Parrett prefaced his reasons by addressing comments made in the recent Speech from the Throne
During the Speech from the Throne, the Lieutenant Governor read the Government’s concerns about crime and creating "safe supportive communities".
“British Columbians want to understand why sentences in their province tend to be shorter than in other provinces for crimes such as homicide, theft, property crimes, fraud, impaired driving and drug possession.” read the Lieutenant Governor. The statement is inaccurate in that numbers from Statistics Canada indicate the opposite with the exception of impaired driving.
The most current numbers from Statistics Canada, ( which are published annually and made available to the Attorney’s General of all Provinces and Territories) show that when it comes to jail time for theft, you are more likely to jo to jail for that conviction in B.C. than in any other part of the country. There are also numbers to show B.C. is more likely to put a person convicted of robbery behind bars. The only areas where B.C. has shown to be not as tough as the rest of the country are posession of a controlled substance and offences related to drinking and driving.
In the Throne Speech, the Province has promised a “comprehensive review of sentencing practices in B.C.” The Province will also “assess how the federal government’s anti-crime measures might affect demands on our police, Crown prosecutors, courts and correctional system.”
Justice Parret said the comments in the Throne Speech were "Either a blatant publicity stunt, or an expression of genuine concern." He said he would choose to believe the latter, and hoped the terms of reference for any such review would include "The extent to which the Crown has been staying charges, dealing down sentences and agreeing to joint submission presentations to the Court."
Justice Parrett said the comments in the Speech from the Throne were; "To the best of my knowledge, the first occasion in which a such a forum has been used to criticize the judiciary anywhere in what used to be called the British Commonwealth." He also commented the provincial Government knows the constitutional authority over the judiciary rests with the Federal Government.
The Judge pointed to the case at hand, a robbery in which the robbery was well planned, a firearm was used, the culprits wore masks, the convenience store clerk was threatened, and nearly $6,000 in cash taken.. "The endictment on this case was signed by John Sutton, as Counsel and Agent of the Attorney General of B.C. and the comment that the Crown will be content with a sentence of one year." Justice Parrett added "Those words, do not in any way suggest such a sentence would be fit and proper."
In this particular case, the accused has a previous record with 30 counts arrising from a variety of property thefts. The accused had already spent 18 months in custody waiting to have the case resolved. If given the standard 2 for every one day served, then Blainey would have already "served" 3 years, and the addition of one more year (as was suggested by the Defense and Crown Counsels) would have meant Blainey would be handed the minimum sentence of 4 years.
Given the fact Blainey had so many previous convictions, and had an opportunity to change his mind and not carry out the robbery, Justice Parrett sentenced him to 5 years in total. That means Blainey has two more years to serve before freedom.
The Defense Counsel, Neil Lauder, said the sentence was fitting and there would be no appeal.Previous Story - Next Story
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