R. v. Clark

R. v. Clark

Given the attempted murder committed with a firearm in a domestic-related context, presence of short-term planning, public location and unrecovered weapon, a custodial sentence of 9.5 years is proportionate and required to achieve denunciation, deterrence and community protection; remand credit (time-and-a-half) reduced the effective term leaving 79 months to serve; Gladue factors and demonstrable rehabilitation potential warrant some mitigation but do not obviate significant incarceration; ancillary orders (DNA, lifetime weapons prohibition, non-communication) are appropriate and granted.

Citation
2017 BCSC 1801
Parties
Crown: Regina; Accused: Beau Lawrence Clark; Victim: Shaun Dalke; Victim: Sara Andrews
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 July 2017
Procedural Posture
Criminal Attempted Murder / Sentencing (oral Reasons)
Outcome
Offender sentenced to 9.5 years imprisonment for attempted murder; remand credit applied resulting in 79 months remaining to serve; ancillary orders granted.
Legal Topics
Attempted Murder, Sentencing Principles and Proportionality, Gladue Factors, Victim Impact, Firearms Possession and Prohibition, Remand Credit, Ancillary Orders (dna, Non Communication)
Source Language
English
Criminal Law Sentencing Indigenous/gladue Considerations Firearms Offences Attempted Murder Sentencing Principles and Proportionality Gladue Factors Victim Impact +3 more

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Parties

Regina

Crown

Beau Lawrence Clark

Accused

Shaun Dalke

Victim

Sara Andrews

Victim

Procedural Posture

Criminal Attempted Murder / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for attempted murder committed with a firearm
  2. 2 Application and weight of Gladue factors in sentencing an Indigenous offender
  3. 3 Assessment of aggravating and mitigating factors including planning, domestic context, public danger, firearm unrecovered

Ratio Decidendi

Given the attempted murder committed with a firearm in a domestic-related context, presence of short-term planning, public location and unrecovered weapon, a custodial sentence of 9.5 years is proportionate and required to achieve denunciation, deterrence and community protection; remand credit (time-and-a-half) reduced the effective term leaving 79 months to serve; Gladue factors and demonstrable rehabilitation potential warrant some mitigation but do not obviate significant incarceration; ancillary orders (DNA, lifetime weapons prohibition, non-communication) are appropriate and granted.

Court Disposition

Offender sentenced to 9.5 years imprisonment for attempted murder; remand credit applied resulting in 79 months remaining to serve; ancillary orders granted.

Orders

  • Imprisonment for attempted murder: 9.5 years (114 months)
  • Remand credit: 35 months (time-and-a-half applied) resulting in 79 months remaining to serve