R. v. Campbell

R. v. Campbell

The court accepted the joint sentencing recommendation as fit after a holistic Gladue‑informed analysis that weighed significant mitigating background factors (FASD, extensive foster care, trauma) against the gravity of a violent assault involving an imitation firearm and the offender's record; the court imposed the agreed global custodial term of 22 months (660 days) less 391.5 days pretrial credit, 24 months probation with specified conditions, a lifetime firearms prohibition under s.109, waived the victim fine surcharge for undue hardship, and entered a stay on the remaining count.

Citation
2023 BCSC 753
Parties
Crown: Rex; Accused: Bryce Dallas Lee Campbell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 April 2023
Procedural Posture
Criminal Assault and Firearm Offence / Sentencing (oral Reasons)
Outcome
Convictions entered on Counts 1 and 3 (guilty plea accepted); joint sentencing recommendation accepted.
Legal Topics
Assault Causing Bodily Harm, Use of Imitation Firearm, Gladue Principles and S.718.2(e), FASD in Sentencing, Joint Sentencing Submission, Pretrial Custody Credit, Probation Conditions, Firearms Prohibition, Victim Fine Surcharge Waiver
Source Language
English
Criminal Law Sentencing Indigenous Sentencing (gladue) Assault Causing Bodily Harm Use of Imitation Firearm Gladue Principles and S.718.2(e) FASD in Sentencing Joint Sentencing Submission +4 more

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Parties

Rex

Crown

Bryce Dallas Lee Campbell

Accused

Procedural Posture

Criminal Assault and Firearm Offence / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether the joint sentencing submission is fit and should be accepted
  2. 2 Application of Gladue principles and s.718.2(e) to an Indigenous offender with FASD
  3. 3 Appropriate weight to deterrence and denunciation given violent offence and imitation firearm

Ratio Decidendi

The court accepted the joint sentencing recommendation as fit after a holistic Gladue‑informed analysis that weighed significant mitigating background factors (FASD, extensive foster care, trauma) against the gravity of a violent assault involving an imitation firearm and the offender's record; the court imposed the agreed global custodial term of 22 months (660 days) less 391.5 days pretrial credit, 24 months probation with specified conditions, a lifetime firearms prohibition under s.109, waived the victim fine surcharge for undue hardship, and entered a stay on the remaining count.

Court Disposition

Convictions entered on Counts 1 and 3 (guilty plea accepted); joint sentencing recommendation accepted.

Orders

  • Imprisonment 22 months (660 days) less 391.5 days pretrial credit (credited at 1.5 days per day)
  • Probation for 24 months with conditions including keep the peace and be of good behaviour; report to probation; notify of name/address/employment changes; no contact with victim Scott Burrows; not go within 100 metres of places the victim frequents; attend and complete assessment/counselling as directed