R. v. Sandy

R. v. Sandy

Conditional discharge was imposed because the accused was a first time offender who had demonstrably rehabilitated (parenting, anger management, education, stable employment), the bodily harm was not serious, and a discharge was not contrary to the public interest; accordingly the court ordered a two‑year probation with specified conditions and ancillary orders including a 10‑year s.109 weapons prohibition and a DNA sample under s.487.051(1).

Citation
2013 BCSC 2388
Parties
Crown: Regina (The Crown); Accused: Savanna Mari‑Ann Sandy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2013
Procedural Posture
Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing (oral Reasons for Sentence)
Outcome
Conditional discharge (two years probation)
Legal Topics
Assault Causing Bodily Harm, Conditional Discharge, Probation, Firearms Prohibition, DNA Order, Rehabilitation Vs Denunciation
Source Language
English
Criminal Law Sentencing Indigenous Issues Assault Causing Bodily Harm Conditional Discharge Probation Firearms Prohibition DNA Order +1 more

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Parties

Regina (The Crown)

Crown

Savanna Mari‑Ann Sandy

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether a conditional discharge is appropriate in light of the seriousness of the stabbing and public interest
  2. 2 Whether a discharge would be contrary to the public interest
  3. 3 Whether ancillary orders (firearms prohibition and DNA sample) should be made

Ratio Decidendi

Conditional discharge was imposed because the accused was a first time offender who had demonstrably rehabilitated (parenting, anger management, education, stable employment), the bodily harm was not serious, and a discharge was not contrary to the public interest; accordingly the court ordered a two‑year probation with specified conditions and ancillary orders including a 10‑year s.109 weapons prohibition and a DNA sample under s.487.051(1).

Court Disposition

Conditional discharge (two years probation)

Orders

  • Conditional discharge granted
  • Probation for two years with terms: report forthwith to probation officer and thereafter by telephone as directed; attend counselling/programming as directed (may include substance abuse and psychiatric/psychological assessment and counselling); have no contact, direct or indirect, with Victoria Delorme and not...