Case: David Williams

Case Type: Sentencing

Facts: Mr. Williams had pleaded guilty to all (3-4?) counts:

theft under $5000 at a Superstore (shoplifting)

Mischief

Forcible Entry

Mr. Williams is 39 years age

Williams has struggled with crystal methamphetamine

He has been in and out of custody for a plethora of offences (12), mostly including shoplifting offences Criminal Record

Three offences committed in Saskatchewan were not included in the judge's analysis

The following offences will be considered during the sentencing:

In 2017, Mr. Williams committed theft under $5000

In Feb 27 2018, Mr. Williams committed assault with a weapon, served equivalent 10 days in jail

On April 28 2018, Mr. Williams was sentenced to 8 days in jail

On November 19 2018, Mr. Williams committed theft under $5000

On June 3 2019, Mr. Williams was sentenced to 26 days in jail

On June 14th 2019, Mr. Williams committed theft under $5000.

On April 30 2020, Mr. Williams committed another theft under $5000.

On December 20, 2021 he was sentenced for 16 days in jail

On January 31 2022, he committed uttering threats (264.1) of the Criminal Code

On August 25 2022, Mr. Williams was sentenced to a 13 day jail sentence

Most Recent Charges:

On March 22 2023, Mr Williams committed mischief (s. 430) and forcible entry (72(1)).

Williams was in and out of consciousness, intoxicated by an unspecified substance

Williams kicked the door of the house, causing approximately $3800 worth of damage

The homeowners of the residence were present and alarmed at Williams sudden presence

Williams reassured the homeowners he was not going to hurt them

The homeowners, terrified, seeked refuge in their backyard then proceeded to call the police

Police found Williams in and out of consciousness in the living room - On February 18 2024, he was reported to have committed theft under $5000 at a Superstore on 333 Seymour Boulevard in North Vancouver

There, Mr. Williams stole $659.64 worth of products.

At a later date, Mr. Williams was apprehended for attempting to steal 5-8 cans of baby formula at the same Superstore location.

The Lost Prevention Officer upon interacting with Mr. Williams was then threatened with a bear or pepper spray Mitigating Circumstances

Crown suggests a more lenient sentence due to the fact that Mr. Williams has plead guilty and that he is planning to go into recovery for his addiction and substance abuse

Crown suggests a 14 or 15 day sentence for the theft under $5000 charge

Aggravating Circumstances

Williams was on probation and violated one of his conditions by being intoxicated

In addition, he was also in violation of a condition not to attend the Superstore on 333 Seymour Boulevard

Sentencing:

The judge was in agreement with the Crown for the 14/15 day sentence for the theft under $5000. The judge mentioned how pleading guilty is indeed a mitigating factor in sentencing

He did mention that the threat to the Lost Prevention Officer was an aggravating factor and has sentenced Williams to 14 days jail, with 13 being served by Williams, meaning a 1 day sentence

He was also sentenced to 15 days jail, with 14 days credited, making another 1 day sentenced.

With the totality principle of sentencing, the 1 day sentences are to be served concurrently.

For his forcible entry and mischief charges, the judge did not agree with the compassionate disposition of the homeowners as the victim's feelings are not necessarily a driving factor for sentencing

The judge appreciated that the accused was intoxicated, however, he had done so on his own free will and self-induced intoxication is reckless. He had deliberately intoxicated himself and it is a danger not only to him, but to others (which in this case, includes the compassionate homeowners)

Voluntary decisions do not mitigate the actions of an accused and furthermore, should not reduce the moral basis

The sentence was 45 days in jail with a credited served time of 3 days, meaning the sentence is 42 days remaining. The 1 day sentence from the theft under $5000 is to be served concurrently.

Relate williams case to relevant law (Canadian Criminal Code)

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