R. v. J.S.D.

R. v. J.S.D.

Court imposed a global custodial sentence of four years, applied 1.5:1 credit for 31 months pre‑sentence custody resulting in a 17‑month net custodial term, ordered three years' probation with strict conditions, DNA sample and a ten‑year weapons prohibition; court refused the Crown's LTO application because achieving the two‑year prerequisite would have required imposing an excessive sentence (outside the proper range) and the LTO designation therefore was not available.

Citation
2013 BCSC 2317
Parties
Crown: Regina; Accused: J.S.D.; Victim: P.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 November 2013
Procedural Posture
Criminal / Sentencing and Long Term Offender (lto) Application
Outcome
Convicted (already) and sentenced: global custody four years with 1.5:1 credit for 31 months time served (net 17 months); long‑term offender designation refused.
Legal Topics
Assault Causing Bodily Harm, Assault With a Weapon, Common Assault, Long Term Offender Designation, Credit for Pre Sentence Custody, Probation Conditions, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Domestic Violence Sentencing Risk Assessment/forensic Psychiatry Assault Causing Bodily Harm Assault With a Weapon Common Assault Long Term Offender Designation +4 more

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Parties

Regina

Crown

J.S.D.

Accused

P.D.

Victim

Procedural Posture

Criminal / Sentencing and Long Term Offender (lto) Application

Legal Issues

  1. 1 Whether a sentence of two years or more is appropriate
  2. 2 Whether there is a substantial risk that the offender will reoffend
  3. 3 Whether there is a reasonable possibility of eventual control of risk in the community

Ratio Decidendi

Court imposed a global custodial sentence of four years, applied 1.5:1 credit for 31 months pre‑sentence custody resulting in a 17‑month net custodial term, ordered three years' probation with strict conditions, DNA sample and a ten‑year weapons prohibition; court refused the Crown's LTO application because achieving the two‑year prerequisite would have required imposing an excessive sentence (outside the proper range) and the LTO designation therefore was not available.

Court Disposition

Convicted (already) and sentenced: global custody four years with 1.5:1 credit for 31 months time served (net 17 months); long‑term offender designation refused.

Orders

  • Global custodial sentence of four years; credited 31 months custody (1.5:1) resulting net custodial term 17 months
  • Sentences on all counts concurrent