R. v. Desjarlais et al

R. v. Desjarlais et al

The court balanced deterrence and denunciation with rehabilitation prospects for youthful and variably culpable offenders and imposed individualized sentences: suspended sentences and probation with community service for the minimally involved (Selene Skerratt, Lloyd Doyle, Daymein Skerratt), and custodial sentences with credit for pre-sentence custody and post-custody probation for principal offenders (Clayton McGrugan: effective credit accepted and sentenced to one day custody plus two years probation; Baxter Desjarlais: effective sentence 40 months with two-for-one credit reducing net custody to 12 months plus two years probation; James Vidal: effective sentence 20 months with limited...

Citation
2006 BCSC 888
Parties
Crown: Regina; Accused: Baxter James Desjarlais; Accused: Lloyd Leo Doyle; Accused: Clayton James McGrugan; Accused: Daymein Leo Joel Skerratt; Accused: Selene Jacqueline Skerratt; Accused: James Edward Vidal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 June 2006
Procedural Posture
Criminal Assaults / Sentencing Reasons for Sentence
Outcome
Sentences individualized: suspended sentences and probation for the minimally involved; custodial sentences with credit and probation for principal offenders; selective DNA and weapons prohibitions imposed.
Legal Topics
Assault, Aggravated Assault, Conditional Sentence, Pre Sentence Custody Credit, DNA Order, Weapons Prohibition, Youthful Offenders, Rehabilitation Vs Deterrence
Source Language
English
Criminal Law Sentencing Assault Aggravated Assault Conditional Sentence Pre Sentence Custody Credit DNA Order Weapons Prohibition +2 more

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Parties

Regina

Crown

Baxter James Desjarlais

Accused

Lloyd Leo Doyle

Accused

Clayton James McGrugan

Accused

Daymein Leo Joel Skerratt

Accused

Selene Jacqueline Skerratt

Accused

James Edward Vidal

Accused

Procedural Posture

Criminal Assaults / Sentencing Reasons for Sentence

Legal Issues

  1. 1 Appropriate sentencing having regard to gravity and moral culpability of multiple offenders
  2. 2 Weight to give deterrence and denunciation versus rehabilitation for youthful offenders
  3. 3 Application of pre-sentence custody credit (two-for-one rule) and limits where credit previously received

Ratio Decidendi

The court balanced deterrence and denunciation with rehabilitation prospects for youthful and variably culpable offenders and imposed individualized sentences: suspended sentences and probation with community service for the minimally involved (Selene Skerratt, Lloyd Doyle, Daymein Skerratt), and custodial sentences with credit for pre-sentence custody and post-custody probation for principal offenders (Clayton McGrugan: effective credit accepted and sentenced to one day custody plus two years probation; Baxter Desjarlais: effective sentence 40 months with two-for-one credit reducing net custody to 12 months plus two years probation; James Vidal: effective sentence 20 months with limited...

Court Disposition

Sentences individualized: suspended sentences and probation for the minimally involved; custodial sentences with credit and probation for principal offenders; selective DNA and weapons prohibitions imposed.

Orders

  • Selene Jacqueline Skerratt: suspended sentence; probation 1 year with mandatory statutory conditions and additional recommended terms including 40 hours community work service; no DNA sample order; no weapons prohibition
  • Lloyd Leo Doyle: suspended sentence; probation 6 months with mandatory statutory conditions and additional recommended terms including 40 hours community work service; no DNA sample order; no weapons prohibition