R. v. Aldred

R. v. Aldred

Judge found both assaults were premeditated, unprovoked and intended to assert dominance in custody; the serious injury to Mr. White and accused's violent record required denunciation and deterrence, justifying consecutive sentences totalling 30 months, with 17 months remand credit (1.5:1) applied, leaving 13 months custody and two years probation, plus ancillary orders including DNA sampling and lifetime weapons prohibition.

Citation
2015 BCSC 1645
Parties
Crown: Regina; Accused: Christopher Ryan Russell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 August 2015
Procedural Posture
Criminal Sentencing / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to a global 30 months' imprisonment to be served consecutively (24 months for assault causing bodily harm; 6 months for common assault), credited with 17 months remand leaving 13 months custody to serve, followed by two years' probation; ancillary orders imposed.
Legal Topics
Assault Causing Bodily Harm, Common Assault, Remand Credit, Consecutive Sentences, Provocation, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Corrections Assault Causing Bodily Harm Common Assault Remand Credit Consecutive Sentences Provocation +1 more

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Parties

Regina

Crown

Christopher Ryan Russell

Accused

Procedural Posture

Criminal Sentencing / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether assaults were premeditated and aggravated
  2. 2 Whether provocation mitigated culpability
  3. 3 Appropriate remand credit ratio

Ratio Decidendi

Judge found both assaults were premeditated, unprovoked and intended to assert dominance in custody; the serious injury to Mr. White and accused's violent record required denunciation and deterrence, justifying consecutive sentences totalling 30 months, with 17 months remand credit (1.5:1) applied, leaving 13 months custody and two years probation, plus ancillary orders including DNA sampling and lifetime weapons prohibition.

Court Disposition

Accused sentenced to a global 30 months' imprisonment to be served consecutively (24 months for assault causing bodily harm; 6 months for common assault), credited with 17 months remand leaving 13 months custody to serve, followed by two years' probation; ancillary orders imposed.

Orders

  • Global custodial sentence of 30 months (24 months for assault causing bodily harm; 6 months for common assault) served consecutively
  • Remand credit of 17 months applied (1.5:1), resulting in 13 months custody remaining to be served