(Dustin Godfrey/Western News file)

B.C. man with 68 driving-related convictions, declining health sentenced to house arrest

Roy Richard Henry currently undergoing chemotherapy for brain tumour, sentenced to CSO

A B.C. man with almost 70 driving-related convictions avoided jail time Monday due to his declining health.

Roy Richard Henry, 47, had previously been found guilty of dangerous operation of a motor vehicle and flight from a peace officer in March 2017 near Oliver, a verdict that was passed down at a trial on May 17, 2018.

He and his mother were in Duncan on Sept. 30 and appeared via video at Penticton Law Courts for his sentencing.

Crown counsel Andrew Vandersluys told Judge Meg Shaw that by his calculations, Henry had 68 driving-related convictions including speeding and driving while prohibited or suspended.

While there was a nine-year gap between Henry’s most recent offence and the ones before, Vandersluys said his driving history is of great concern and “he’s not taking responsibility.” He said Henry “denies he is at fault,” to which Henry replied, “Absolutely.”

Henry interrupted Vandersluys and Shaw several times throughout the proceedings, despite his mother’s protestations. When Vandersluys asked Shaw for a 90-day conditional sentence order followed by probation, as well as a three-year driving prohibition, Henry replied, “Well that’s not fair.” And when Vandersluys went on to request that the sentence include the condition that Henry use no drugs or alcohol, Henry said, “I’m clean and sober for five years. This is absurd.”

After another interruption, Shaw said, “You know Mr. Henry, with your sarcastic remarks you’re not helping yourself any.”

“Nothing helps anyway,” he replied.

Henry also said he was “bullied by the policeman because of [his] driving record” and had not had a proper defence.

He was being represented by defence lawyer Michael Patterson at the proceedings, who made a joint submission with Vandersluys for the sentencing.

READ MORE: Judge ‘shocked’ South Okanagan man’s dangerous driving didn’t kill anyone

Shaw noted that Henry has “a terrible driving record” and had shown no remorse, but acknowledged the gap between his last conviction and the matter at hand. She also noted his significant health issues, which include chronic obstructive pulmonary disease, a failed back surgery, knee pain issues, diagnosed post traumatic stress disorder, eye problems, and currently, chemotherapy treatment for a brain tumour.

“Under other circumstances I would be looking at jail time for an offence such as the one that Mr. Henry has committed,” she said.

The joint submission, she added, “comes within the range that is acceptable” and Henry was sentenced to a CSO, commonly referred to as house arrest.

“That means, sir, you can stay in your home and not go to jail, but it’s essentially a jail sentence of 90 days.”

The terms for the CSO include being at home between 10 a.m. and 7 p.m. each day, good behaviour, reporting to the CSO supervisor as required, sobriety, and not occupying the driver’s seat of a car.

The probation period that will follow will be nine months, with all the same terms except the curfew.

South Okanagan RCMP and BC Prosecution Service communications have declined to provide information about the nature of the March 2017 offence.

While details of the offence were not discussed during the sentencing, Henry did at one point say “I was at a stop sign.”



karissa.gall@blackpress.ca

Like us on Facebook and follow us on Twitter

To report a typo, email: editor@pentictonwesternnews.com.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

New president for Silver Star Rotary Club

Vernon club swears in new president and executive board amid COVID-19

New home for Vernon Search and Rescue set for public hearing

After outgrowing their current location, VSAR looks to move to Silver Star Road

COVID-19: Coldstream council ready to welcome back public

Seven individauls can attend council meetings as of July 6 amid pandemic

Noose graffiti not tolerated by Vernon resident

Woman, son paint over hateful image painted on neighbourhood fence

Normal water use can resume in Vernon

Emergency repairs on major water main complete, water quality advisory in place for some residents

All community COVID-19 outbreaks declared over in B.C.

Abbotsford manufacturer cleared by Dr. Bonnie Henry

B.C. First Nations vow to keep fighting after Trans Mountain pipeline appeal denied

Squamish Nation, Tsleil-Waututh Nation and Coldwater Indian Band made the application

‘Queue jumpers’ not welcome in B.C. as COVID-19 U.S. cases rise: Horgan

Premier Horgan said he’s heard concerns that Americans have stopped at Vancouver hotels instead of heading to their destination

HERGOTT: The right to resist unlawful arrest

Paul Hergott is a personal injury lawyer based in West Kelowna

‘We have your grandson’ – Princeton seniors scammed out of thousands of dollars

Two elderly Princeton men are saying they were robbed of thousands of… Continue reading

Finale of seven-week food drive arrives at FreshCo Kelowna

The new grocery store has partnered with the organization for a food drive

US officer resigns after photos, connected to death of black man in 2019, surface

Elijah McClain died, last summer, after police placed him in a chokehold

‘We need to re-think our systems’: Kelowna mayor on RCMP Southeast Division statement

The RCMP held a news conference on Thursday, July 2 to address concerns in the force

Most Read