R. v. White-Bynoe

R. v. White-Bynoe

The use of a baton and machete, the unprovoked and disproportionate nature of the attacks and the serious injuries required a custodial sentence for denunciation and deterrence; balancing aggravating and mitigating factors and giving weight to immigration consequences reduced the term below what would otherwise have been fit, resulting in six months less one day custody for the s.267(b) offence, one month concurrent for the s.266 offence, two years probation and specified ancillary orders including weapons prohibitions and DNA sampling.

Citation
2017 BCSC 1829
Parties
Crown: Regina; Accused: Shawn Ricardo White-Bynoe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 September 2017
Procedural Posture
Criminal Assault Causing Bodily Harm and Common Assault / Sentencing After Conviction at Trial
Outcome
Accused convicted; sentenced
Legal Topics
Assault Causing Bodily Harm, Common Assault, Sentencing, Use of Weapons, Probation, Ancillary Orders, Immigration Consequences
Source Language
English
Criminal Law Assault Causing Bodily Harm Common Assault Sentencing Use of Weapons Probation Ancillary Orders Immigration Consequences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Shawn Ricardo White-Bynoe

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm and Common Assault / Sentencing After Conviction at Trial

Legal Issues

  1. 1 Appropriate custodial sentence for s.267(b) assault causing bodily harm and s.266 common assault
  2. 2 Weight of aggravating and mitigating factors
  3. 3 Relevance of collateral immigration consequences to sentencing

Ratio Decidendi

The use of a baton and machete, the unprovoked and disproportionate nature of the attacks and the serious injuries required a custodial sentence for denunciation and deterrence; balancing aggravating and mitigating factors and giving weight to immigration consequences reduced the term below what would otherwise have been fit, resulting in six months less one day custody for the s.267(b) offence, one month concurrent for the s.266 offence, two years probation and specified ancillary orders including weapons prohibitions and DNA sampling.

Court Disposition

Accused convicted; sentenced

Orders

  • Custody: six months less one day for assault causing bodily harm (s.267(b))
  • Custody: one month for common assault (s.266), to run concurrently