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BARRHAD - A Barrhead man saw his sentence reduced by nearly 400 days after a judge changed his mind.
During a July 9 Barrhead sentencing hearing, Justice Gregory Rice sentenced Taylor Kirk Curl to 510 days in jail and a three-year driving prohibition, accepting Crown prosecutor Mark Facundo's proposed sentence.
With his 43 actual days of custody on this series of charges at 1.5 enhanced days, Curl was credited with 65 days, leaving 445 left to serve.
On April 2, 2024, Curl was found guilty of four criminal charges, including a count of possessing property over $5,000, flight from a peace officer, and driving while prohibited.
The accused received 150 days for possession of stolen property over $5,000, 360 days for fleeing from a peace officer, served consecutively with the first charge, 120 days for operating a motor vehicle while prohibited, served concurrently, and 60 days for failing to comply with conditions of an undertaking, also to be served concurrently.
The Crown withdrew another charge of possession of stolen property over $5,000, dangerous operation of a motor vehicle, two counts of failing to comply with undertaking conditions, theft of a motor vehicle, possession of break-in instruments and possession of stolen property under $5,000.
Initially, Justice Rice sentenced the accused to 900 days in jail, suggesting that Crown prosecutor Mark Facundo's proposed sentence was too light.
"It is always difficult for the court to go above the Crown proposes, but I am having trouble with the [510 days]," he said. "I'm not sure why this isn't a deuce."
Justice Rice added that, at the time of his arrest, Curl had two stolen pickup trucks worth over $5,000 each. Anyone who lives in these rural areas knows that motor vehicle theft is a huge deal."
He added that the accused was arrested after a prolonged motor vehicle chase from Barrhead to near Lac La Biche.
He also said the pre-sentencing report stated that the accused, since his incarceration in December 2023, has not taken advantage of the treatment programs available, at least not to a great extent.
"This might be one of the worst pre-sentencing reports I have ever read," Justice Rice said. "When I look at deterrence and denunciation, given his record and everything else here, it is paramount. This is a person who has been addicted to drugs for 15 years and has continually committed crimes of the same ilk ... This guy is a career criminal. At some point, we hammer people. What is going to deter someone like this? A stiff, stiff sentence and frankly, at this stage of the game, he needs to be in jail to protect himself and society from this individual."
Later in the session, Justice Rice said he had erred in his sentence. He said it had been based on his belief that the Crown had opted for indictable convictions rather than summary charges. The difference, he said, was that the latter had a maximum two-year jail term.
"I overcooked it a bit; the sentencing is illegal," Rice said, vacating his original sentence.
Justice Rice said if the Crown had opted to make for an indictable offence, the maximum sentence would be 10 years.
"So, at 30 months, I am well behind that," he said. "As a summary conviction offence, two years is the most you can give, and I am not sure it is the worst offence."
Crown's position
Facundo said that although the court ordered a Gladue report, the accused opted not to be interviewed for the document, so it could not be completed.
A Gladue report is a pre-sentencing report that courts can use when considering the multitude of factors that can lead an Indigenous person to become in conflict with the law.
The Facundo also noted that Curl had an extensive five-page criminal record.
"Including several significant and related entries, but the Crown is also cognizant of his guilty plea, showing that he is taking responsibility, something that the PSR also shows," he said.
Defence
On the other hand, Curl's lawyer, Bukola Abioye, argued the Crown's sentence was too harsh, countering with 60 days for possession of stolen property, a pickup truck, 150 days for flight from a peace officer, 60 days for operating a vehicle while prohibited, and 20 days for failing to comply with undertaking conditions, both served concurrently.
She noted her client was 35 years old and was of Indigenous descent.
"Looking at the PSR, Mr. Curl had a troubled childhood; he has struggled with homelessness, living on the streets in Vancouver," Abioye said, adding his drug addiction issues started in his late teens.
She added that he has no meaningful relationships with his parents, siblings, or nine-year-old daughter.
Bukola also noted that her client had been diagnosed with attention deficit hyperactivity disorder (ADHD), and while not officially diagnosed, she said since his grandfather's death, Curl has also been dealing with depression.
Barry Kerton, TownandCountryToday.com
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