R. v. McFarlen

R. v. McFarlen

Given the aggravating factors (attack on former spouse, breach of restraining order, child present, lack of remorse) and insufficient psychiatric mitigation, the appropriate starting point for attempted murder was nine years; concurrent sentences for related offences were imposed; full two-for-one credit for 704 days remand was awarded because defence adjournments did not justify reducing remand credit; resulting global effective sentence after credit is five years and two months, with DNA and firearms prohibition orders made.

Citation
2009 BCSC 1201
Parties
Crown: Regina; Accused: Kory McFarlen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 August 2009
Procedural Posture
Criminal / Sentencing
Outcome
Convicted (previously) and sentenced; global actual sentence five years and two months imprisonment (concurrent sentences).
Legal Topics
Attempted Murder, Unlawful Confinement, Break and Enter, Sentencing Principles, Pre Trial Custody Credit, Ancillary Orders (dna, Firearms Prohibition), Mental Health Evidence, Kienapple Principle
Source Language
English
Criminal Law Domestic Violence Sentencing Attempted Murder Unlawful Confinement Break and Enter Sentencing Principles Pre Trial Custody Credit +3 more

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Parties

Regina

Crown

Kory McFarlen

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for attempted murder in a domestic context
  2. 2 Extent of credit for pre-trial custody and effect of defence-requested adjournments
  3. 3 Whether psychiatric evidence reduces culpability

Ratio Decidendi

Given the aggravating factors (attack on former spouse, breach of restraining order, child present, lack of remorse) and insufficient psychiatric mitigation, the appropriate starting point for attempted murder was nine years; concurrent sentences for related offences were imposed; full two-for-one credit for 704 days remand was awarded because defence adjournments did not justify reducing remand credit; resulting global effective sentence after credit is five years and two months, with DNA and firearms prohibition orders made.

Court Disposition

Convicted (previously) and sentenced; global actual sentence five years and two months imprisonment (concurrent sentences).

Orders

  • Sentence for attempted murder: 5 years and 2 months imprisonment (concurrent)
  • Sentence for break and enter and commit indictable offence: 1 year and 2 months imprisonment (concurrent)