R. v. Lance

R. v. Lance

Although offences against police generally attract incarceration, the court found sufficient exceptional circumstances (first offender status, remorse, out‑of‑character conduct, employment and community support, steps to sobriety and amenability to rehabilitation) to justify departing from the typical custodial range and imposing a suspended sentence with a maximum custodial alternative replaced by a three‑year probation order with stringent conditions and ancillary orders (DNA, firearms prohibition, victim surcharge).

Citation
2018 BCSC 1883
Parties
Crown: Regina; Accused: Bremner Eric Lance
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 October 2018
Procedural Posture
Criminal Assault Causing Bodily Harm to a Peace Officer / Sentencing (oral Reasons for Sentence)
Outcome
Passing of sentence suspended under s.731(1); offender released on probation for three years
Legal Topics
Assault Causing Bodily Harm, Assault on a Peace Officer, Sentencing Ranges and Principles, Suspended Sentence Vs Incarceration, Ancillary Orders (dna, Firearms Prohibition), Probation, Victim Surcharge
Source Language
English
Criminal Law Sentencing Assault Causing Bodily Harm Assault on a Peace Officer Sentencing Ranges and Principles Suspended Sentence Vs Incarceration Ancillary Orders (dna, Firearms Prohibition) Probation +1 more

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Parties

Regina

Crown

Bremner Eric Lance

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm to a Peace Officer / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What is the fit sentence for assault causing bodily harm to a peace officer?
  2. 2 Whether a suspended sentence is permissible despite appellate ranges favoring imprisonment for such offences
  3. 3 Application of s.718.02 (primary consideration of denunciation and deterrence)

Ratio Decidendi

Although offences against police generally attract incarceration, the court found sufficient exceptional circumstances (first offender status, remorse, out‑of‑character conduct, employment and community support, steps to sobriety and amenability to rehabilitation) to justify departing from the typical custodial range and imposing a suspended sentence with a maximum custodial alternative replaced by a three‑year probation order with stringent conditions and ancillary orders (DNA, firearms prohibition, victim surcharge).

Court Disposition

Passing of sentence suspended under s.731(1); offender released on probation for three years

Orders

  • Probation for three years (suspended sentence)
  • Compulsory probation conditions: keep the peace and be of good behaviour; appear when required; notify court/probation officer of change of name, address or employment