R. v. Doyle

R. v. Doyle

Considering the serious, drug-fuelled intimate partner violence, the high risk of future violence identified by psychiatric assessment, the statutory mandatory minimums and the need for denunciation and deterrence, a total sentence of seven and a half years imprisonment is appropriate; applying 1.5-for-1 pre-trial custody credit of 2.5 years yields a remaining custodial term of five years; ancillary orders (weapons prohibitions, DNA, no contact) and waiver of victim fine surcharge are appropriate.

Citation
2014 BCSC 1369
Parties
Crown: Regina; Accused: Trevor Michael Doyle; Victim: Kristy Thomson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 June 2014
Procedural Posture
Criminal / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Accused found guilty previously; sentenced to total of 7.5 years imprisonment with 2.5 years remand credit resulting in 5 years remaining incarceration
Legal Topics
Assault Causing Bodily Harm, Unlawful Confinement, Uttering Threats, Pointing a Firearm, Possession of Prohibited Firearm and Ammunition, Use of Firearm in Commission of Offence, Mandatory Minimum Sentences, Concurrent and Consecutive Sentencing, Pre Trial Custody Credit, Ancillary Orders (weapons Prohibition, DNA, No Contact), Victim Fine Surcharge Waiver
Source Language
English
Criminal Law Sentencing Firearms Offences Domestic/intimate Partner Violence Remand/custody Credit Assault Causing Bodily Harm Unlawful Confinement Uttering Threats +8 more

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Parties

Regina

Crown

Trevor Michael Doyle

Accused

Kristy Thomson

Victim

Procedural Posture

Criminal / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate total sentence for multiple violent and weapons offences arising from same series of events
  2. 2 Application of mandatory minimum sentences under ss.85 and 95 of the Criminal Code
  3. 3 Whether sentences for specified counts should be consecutive or concurrent

Ratio Decidendi

Considering the serious, drug-fuelled intimate partner violence, the high risk of future violence identified by psychiatric assessment, the statutory mandatory minimums and the need for denunciation and deterrence, a total sentence of seven and a half years imprisonment is appropriate; applying 1.5-for-1 pre-trial custody credit of 2.5 years yields a remaining custodial term of five years; ancillary orders (weapons prohibitions, DNA, no contact) and waiver of victim fine surcharge are appropriate.

Court Disposition

Accused found guilty previously; sentenced to total of 7.5 years imprisonment with 2.5 years remand credit resulting in 5 years remaining incarceration

Orders

  • Total custodial sentence of 7.5 years imposed
  • Count 1 (assault causing bodily harm): 1.5 years custody