R. v. Whitman

R. v. Whitman

The offence was a serious, unprovoked stabbing causing life‑threatening injuries; the accused's extensive and violent criminal record made a community sentence inappropriate; a custodial sentence of three years is proportionate; double credit for 101 days pre-trial custody is justified yielding 6.5 months credit and...

Source-derived case information.

Citation
2006 BCSC 865
Parties
Crown: Regina; Accused: Randolph Rory Whitman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 June 2006
Procedural Posture
Criminal Aggravated Assault / Sentencing
Outcome
Accused convicted of aggravated assault; sentenced to three years' imprisonment with double credit for pre-trial custody; DNA data bank order made; victim fine surcharge waived; weapons prohibition for ten years ordered; surrender of firearms/authorizations ordered within 24 hours.
Legal Topics
Aggravated Assault, Conditional Sentence, Pre Trial Custody Credit, DNA Data Bank Order, Victim Fine Surcharge, Weapon Prohibition
Source Language
english
Criminal Law Sentencing Forensic DNA Weapons Prohibition Aggravated Assault Conditional Sentence Pre Trial Custody Credit DNA Data Bank Order +2 more

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Parties

Regina

Crown

Randolph Rory Whitman

Accused

Procedural Posture

Criminal Aggravated Assault / Sentencing

Legal Issues

  1. 1 Appropriate term of imprisonment for aggravated assault with a weapon
  2. 2 Whether a conditional sentence is appropriate
  3. 3 Amount of credit for pre-trial custody

Ratio Decidendi

The offence was a serious, unprovoked stabbing causing life‑threatening injuries; the accused's extensive and violent criminal record made a community sentence inappropriate; a custodial sentence of three years is proportionate; double credit for 101 days pre-trial custody is justified yielding 6.5 months credit and a remaining custodial term of 29.5 months; a DNA data bank order is warranted as the offence is a primary designated offence and the order is not grossly disproportionate; victim fine surcharge waived for financial reasons; weapons prohibition for ten years is necessary for public safety.

Court Disposition

Accused convicted of aggravated assault; sentenced to three years' imprisonment with double credit for pre-trial custody; DNA data bank order made; victim fine surcharge waived; weapons prohibition for ten years ordered; surrender of firearms/authorizations ordered within 24 hours.

Orders

  • Sentence of three years' imprisonment imposed
  • Credit for pre-trial custody: 101 days double-counted equating to 6.5 months credit; remaining custodial term 29.5 months