R. v. Lambillon

R. v. Lambillon

The court accepted the joint submissions because the mitigation and circumstances of each accused (guilty pleas, roles in the incident, age, criminal history, rehabilitation efforts and supporting letters) made the recommended dispositions fit the principles of sentencing. Seal received nine months' custody consecutive to his existing sentence and a DNA order due to the seriousness and his prior offending; Murray received a $500 fine and one-year probation with a no-contact condition; Lambillon received a conditional discharge with six months probation, 30 hours community service and a no-contact condition. The court stayed the remaining counts as directed by Crown.

Citation
2013 BCSC 2205
Parties
Prosecution: Regina; Accused: Jennifer Leigh Lambillon; Accused: Douglas James Murray; Accused: Jacob Tyler Seal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 October 2013
Procedural Posture
Criminal Assault / Sentencing (oral Reasons for Sentence)
Outcome
Joint submissions accepted and sentences imposed as follows: Seal sentenced to nine months' imprisonment consecutive to current sentence and ordered to provide a DNA sample; Murray fined $500 and placed on probation for one year with statutory terms plus no contact with named victims and no DNA sample; Lambillon...
Legal Topics
Assault Causing Bodily Harm, Common Assault, Conditional Discharge, Probation, Consecutive Sentence, DNA Sampling
Source Language
English
Criminal Law Sentencing Evidence (dna) Assault Causing Bodily Harm Common Assault Conditional Discharge Probation Consecutive Sentence +1 more

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Parties

Regina

Prosecution

Jennifer Leigh Lambillon

Accused

Douglas James Murray

Accused

Jacob Tyler Seal

Accused

Procedural Posture

Criminal Assault / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for assault causing bodily harm and common assault
  2. 2 Whether to impose consecutive custody
  3. 3 Whether to grant a conditional discharge

Ratio Decidendi

The court accepted the joint submissions because the mitigation and circumstances of each accused (guilty pleas, roles in the incident, age, criminal history, rehabilitation efforts and supporting letters) made the recommended dispositions fit the principles of sentencing. Seal received nine months' custody consecutive to his existing sentence and a DNA order due to the seriousness and his prior offending; Murray received a $500 fine and one-year probation with a no-contact condition; Lambillon received a conditional discharge with six months probation, 30 hours community service and a no-contact condition. The court stayed the remaining counts as directed by Crown.

Court Disposition

Joint submissions accepted and sentences imposed as follows: Seal sentenced to nine months' imprisonment consecutive to current sentence and ordered to provide a DNA sample; Murray fined $500 and placed on probation for one year with statutory terms plus no contact with named victims and no DNA sample; Lambillon...

Orders

  • Jacob Tyler Seal: nine months' imprisonment consecutive to any current sentence
  • Jacob Tyler Seal: provide a DNA sample