R. v. Olsen

R. v. Olsen

The court accepted the negotiated joint submission because the proposed effective sentence of nearly three years (two years custody with two-for-one credit for 165 days, plus three years probation) was not clearly unfit when measured against sentencing principles of denunciation, deterrence, protection of the public and rehabilitation, and because the Crown conceded evidentiary problems on remaining counts; accordingly the joint sentence and ancillary orders (probation conditions, lifetime firearms prohibition s.109, DNA order, waiver of victim surcharge, stays on remaining counts, and forfeiture of a prohibited firearm s.490(9)) were imposed.

Citation
2012 BCSC 78
Parties
Crown: Regina; Accused: Paul Gordon Olsen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 January 2012
Procedural Posture
Criminal (indictment) / Sentencing (oral Reasons; Joint Submission)
Outcome
Joint submission accepted; accused sentenced and ancillary orders made
Legal Topics
Assault Causing Bodily Harm, Unlawful Confinement, Sentencing, Pre Trial Custody Credit, Probation Conditions, Firearms Prohibition, DNA Order, Forfeiture S.490(9), Victim Surcharge
Source Language
English
Criminal Law Assault Causing Bodily Harm Unlawful Confinement Sentencing Pre Trial Custody Credit Probation Conditions Firearms Prohibition DNA Order +2 more

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Parties

Regina

Crown

Paul Gordon Olsen

Accused

Procedural Posture

Criminal (indictment) / Sentencing (oral Reasons; Joint Submission)

Legal Issues

  1. 1 Whether the agreed joint submission on sentence is clearly unfit
  2. 2 Appropriate quantum of custodial sentence and credit for pre-trial custody
  3. 3 Whether ancillary orders (probation conditions, firearms prohibition, DNA order, forfeiture) are appropriate

Ratio Decidendi

The court accepted the negotiated joint submission because the proposed effective sentence of nearly three years (two years custody with two-for-one credit for 165 days, plus three years probation) was not clearly unfit when measured against sentencing principles of denunciation, deterrence, protection of the public and rehabilitation, and because the Crown conceded evidentiary problems on remaining counts; accordingly the joint sentence and ancillary orders (probation conditions, lifetime firearms prohibition s.109, DNA order, waiver of victim surcharge, stays on remaining counts, and forfeiture of a prohibited firearm s.490(9)) were imposed.

Court Disposition

Joint submission accepted; accused sentenced and ancillary orders made

Orders

  • Sentence of imprisonment of two years with credit of 164-165 days at two-for-one (effective sentence two years and eleven months)
  • Probation for three years with specified conditions (reporting, residence notification, no contact with named individuals, no attendance at their residence/school/work, no alcohol or controlled substances except prescribed, mandatory counselling and treatment)