Sa Majesté la Reine c. Paiement

Sa Majesté la Reine c. Paiement

Given the accused's extensive record (including five robbery convictions), the targeting of a vulnerable lone victim with a knife, the high risk of recidivism, and the need for denunciation and both general and specific deterrence, a custodial sentence of six years, consecutive to the prior sentence, is proportionate and falls within the established British Columbia appellate range for recidivist armed robbery.

Citation
2011 BCSC 415
Parties
Poursuivant: Sa Majesté la Reine; Accusé: Denis Paiement; Amicus Curiae: P.H. Edelmann
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 March 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to six years' imprisonment consecutive to prior sentence; DNA sample authorized; lifelong prohibitions on possession of firearms and specified weapons and munitions; exempted from victim surcharge under s.737(5).
Legal Topics
Aggravated Robbery, Recidivism, Denunciation and Deterrence, Proportionality of Sentence, DNA Sampling, Weapons Prohibitions, Parity of Sentences
Source Language
English
Criminal Law Sentencing Aggravated Robbery Recidivism Denunciation and Deterrence Proportionality of Sentence DNA Sampling Weapons Prohibitions +1 more

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Parties

Sa Majesté la Reine

Poursuivant

Denis Paiement

Accusé

P.H. Edelmann

Amicus Curiae

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for armed robbery under s.344(1)(b)
  2. 2 Weight to be given to extensive prior convictions and high risk of recidivism
  3. 3 Application of denunciation and deterrence as sentencing objectives

Ratio Decidendi

Given the accused's extensive record (including five robbery convictions), the targeting of a vulnerable lone victim with a knife, the high risk of recidivism, and the need for denunciation and both general and specific deterrence, a custodial sentence of six years, consecutive to the prior sentence, is proportionate and falls within the established British Columbia appellate range for recidivist armed robbery.

Court Disposition

Accused sentenced to six years' imprisonment consecutive to prior sentence; DNA sample authorized; lifelong prohibitions on possession of firearms and specified weapons and munitions; exempted from victim surcharge under s.737(5).

Orders

  • Custodial sentence of six years imprisonment, to run consecutive to the previous sentence
  • Authorization for genetic (DNA) analysis under Criminal Code s.487.051(1)(a)