R. v. Poirier

R. v. Poirier

Time served was a fit and proper sentence for the assault (Count 3) with seven days concurrent for resisting arrest (Count 4); a 24-month probation order with specified ancillary conditions, counselling requirements, DNA sample and a 10-year firearms prohibition were necessary to achieve denunciation, general and...

Source-derived case information.

Citation
2019 BCSC 792
Parties
Crown: Regina; Accused: Randy Michael Poirier
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 March 2019
Procedural Posture
Criminal Assault/resisting Arrest / Sentencing (oral Reasons for Sentence)
Outcome
Accused pleaded guilty; sentence imposed: custodial sentence satisfied by time served (56 days credit) on Count 3; seven days concurrent on Count 4; 24 months probation; ancillary orders including no contact and exclusion zone; DNA order; 10-year firearms prohibition; stays on Counts 1 and 2.
Legal Topics
Assault, Resisting Arrest, Sentencing, Probation, Ancillary Orders, DNA Order, Firearms Prohibition
Source Language
english
Criminal Law Domestic Violence Assault Resisting Arrest Sentencing Probation Ancillary Orders DNA Order +1 more

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Parties

Regina

Crown

Randy Michael Poirier

Accused

Procedural Posture

Criminal Assault/resisting Arrest / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for common assault in a domestic context
  2. 2 Whether additional jail time beyond time served is required
  3. 3 Appropriate ancillary orders including probation, counselling, DNA sample and firearms prohibition

Ratio Decidendi

Time served was a fit and proper sentence for the assault (Count 3) with seven days concurrent for resisting arrest (Count 4); a 24-month probation order with specified ancillary conditions, counselling requirements, DNA sample and a 10-year firearms prohibition were necessary to achieve denunciation, general and specific deterrence, and rehabilitation given the guilty plea, custodial experience, and the offender's family responsibilities.

Court Disposition

Accused pleaded guilty; sentence imposed: custodial sentence satisfied by time served (56 days credit) on Count 3; seven days concurrent on Count 4; 24 months probation; ancillary orders including no contact and exclusion zone; DNA order; 10-year firearms prohibition; stays on Counts 1 and 2.

Orders

  • Sentence on Count 3 (assault s.266): custody credited as time served (credit agreed 56 days)
  • Sentence on Count 4 (resisting/obstructing s.129): seven days concurrent, time served