(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.

Just Posted

User fees in Sunnybrae, Sorrento and six more water systems going up

Increases attributed to added regulatory requirements for water treatment

Registration underway for Reino Keski-Salmi Loppet at Shuswap’s Larch Hills

Annual cross-country ski race has raised more than $400,000 for Heart and Stroke Foundation

Shuswap Dance Center shows celebrate the season

Junior and senior dancers rehearsing for weekend of performances

Donkey refuge wins big at Shuswap Women Who Wine event

More than $4,000 awarded to Turtle Valley Donkey Refuge for education project

Dancing with the Shuswap Stars raises $50,000 for hospice

Search underway for dancers to compete is next year’s event

B.C. woman charged in connection to stolen vehicle smash-up in Kamloops

Kersten Ina Peters was arrested in the Fraser Valley on Friday, Dec. 6

VIDEO: Harbour Air makes history with first electric aircraft test flight

Successful flight marks first of its kind in the world

Salmonella outbreak in Canada linked to rodents and snakes

92 cases of salmonella across six provinces, including B.C.

Meng Wanzhou wins right to more documents involving arrest at Vancouver airport

Defence lawyers allege the Huawei executive was unlawfully detained, searched and interrogated

Shuswap history in pictures: SPCA bake sale at Cedarvale Mall

SPCA volunteer Frances Jackson helps Delta Franklin (wearing the cowboy hat) as… Continue reading

RCMP traffic services moves to Falkland to slow speeders

Falkland detachment to serve as new HQ for RCMP’s North Okanagan Traffic Services

Truck with body inside found at bottom of lake near Kootenay ferry

Investigators believe no foul play is expected but are unsure how the vehicle ended up in the Arrow Lakes

In photos: Santa Claus comes to town

Images the Chase Country Christmas Parade

Most Read