(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

PPC party discredits its former Kelowna-Lake Country president’s past accusations of racism

Daniel Joseph left the party in March and is now an independent candidate in the riding

Judge orders credit union’s bank records for Kelowna social worker facing theft allegations

The man is accused of negligence, breach of contract, fraud and a conspiracy with Interior Savings

Design submitted for new restaurant at location of former Kelowna hot-spot Rose’s Pub

Cactus Restaurants purchased the property earlier this year

Cancer cure breakthrough needs more research

Dr. Connie Eaves, a leading biotech research scientist in Canada, was keynote speaker at cancer care forum held Friday in Kelowna

Kelowna man sentenced to 20 months for having sex with minor

The incidents occurred over a four-month period between February and May of 2018

Kelowna business sponsors BC SPCA gala

Orthoquest Pedorthics and Rehabilitation returns as one of the gala sponsors for 2019

Summerland once had college campus

From 1906 to 1915, Summerland’s Okanagan College operated in the community

Hundreds turn out for Singh, NDP candidate rally in Penticton

The messaging was clear, NDP “chooses you”

Summerland holds multiple events to launch festive season

Festival of Lights, Light Up the Vines and Sip ’n’ Shop will be held in late November and December

PET OF THE WEEK: Moose still needs a home

Critteraid cat wants a nice, quiet environment

VIDEO: Meet your Kelowna-Lake Country candidates

All seven Kelowna-Lake Country candidates answer questions about themselves and their policy

VIDEO: Meet your Central Okanagan-Similkameen-Nicola candidates

Central Okanagan-Similkameen-Nicola candidates answer questions about themselves and their policy

Jack’s Devils beat Quinn’s Canucks 1-0 in NHL brother battle

New Jersey youngster scores first career goal against Vancouver

Penticton Vees to host 2021 Centennial Cup

It’s the first time Penticton has hosted the tournament which decides the country’s Junior A champions

Most Read