R. v. Boone

R. v. Boone

Given the violent and random nature of the offence and the accused's extensive prior record the principles of denunciation and deterrence were significant, but on balance the court accepted the documented, sustained rehabilitation (almost three years sobriety, treatment completion, employment, strong supports) and therefore imposed a suspended sentence with the maximum available three years of supervision to prioritize rehabilitation while preserving the ability to impose sentence if supervision fails; ancillary DNA and a 10-year firearms prohibition were ordered.

Citation
2013 BCSC 1306
Parties
Crown: Regina; Accused: Johnathan Michael Boone
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 July 2013
Procedural Posture
Criminal Assault Causing Bodily Harm / Sentencing (oral Reasons)
Outcome
Suspended sentence imposed with three years of supervision/probation; DNA sample ordered; discretionary firearms prohibition for 10 years imposed.
Legal Topics
Assault Causing Bodily Harm, Denunciation, Deterrence, Rehabilitation, Suspended Sentence, Probation and Supervisory Orders, DNA Order, Firearms Prohibition, Victim Impact
Source Language
English
Criminal Law Sentencing Evidence Relating to Rehabilitation and Risk Assessment Substance Abuse and Criminality Assault Causing Bodily Harm Denunciation Deterrence Rehabilitation +5 more

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Parties

Regina

Crown

Johnathan Michael Boone

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether to impose immediate custody or a suspended sentence with supervision
  2. 2 Proper application and weighting of sentencing principles: denunciation/deterrence versus rehabilitation
  3. 3 Whether the demonstrated rehabilitation and community support justify a non-custodial disposition despite the accused's extensive record

Ratio Decidendi

Given the violent and random nature of the offence and the accused's extensive prior record the principles of denunciation and deterrence were significant, but on balance the court accepted the documented, sustained rehabilitation (almost three years sobriety, treatment completion, employment, strong supports) and therefore imposed a suspended sentence with the maximum available three years of supervision to prioritize rehabilitation while preserving the ability to impose sentence if supervision fails; ancillary DNA and a 10-year firearms prohibition were ordered.

Court Disposition

Suspended sentence imposed with three years of supervision/probation; DNA sample ordered; discretionary firearms prohibition for 10 years imposed.

Orders

  • Suspended sentence with a supervisory term of three years
  • Report to a probation officer by 4:00 p.m. July 3, 2013 and thereafter as directed