R. v. Brassington

R. v. Brassington

Despite the seriousness of the offences and aggravating factors arising from the applicant's position of trust and harm to the investigation, the court accepted the joint submission and imposed a conditional sentence of two years less one day to be served in the community because the offender pleaded guilty, fully confessed and assisted efforts to remedy the harm, demonstrated mitigation and remorse, and the joint submission was not contrary to the public interest in the circumstances.

Citation
2019 BCSC 265
Parties
Crown: Regina; Accused: Derek Brassington; Co Accused: David Attew; Co Accused: Paul Johnston; Co Accused: Danny Michaud
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 January 2019
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Conditional sentence of imprisonment for two years less one day to be served in the community; restitution ordered; reporting and identification directions given.
Legal Topics
Breach of Trust (s.122 Criminal Code), Obstruction of Justice (s.139(2) Criminal Code), Conditional Sentence, Restitution (s.738 Criminal Code), Witness Management, Publication Ban (s.486.5(1) Criminal Code
Source Language
English
Criminal Law Police Misconduct Sentencing Law Witness Protection Breach of Trust (s.122 Criminal Code) Obstruction of Justice (s.139(2) Criminal Code) Conditional Sentence Restitution (s.738 Criminal Code) +2 more

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Parties

Regina

Crown

Derek Brassington

Accused

David Attew

Co Accused

Paul Johnston

Co Accused

Danny Michaud

Co Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Whether breach of trust and attempt to obstruct justice proven and appropriate sentence
  2. 2 Whether a conditional sentence is appropriate for a police officer who breached witness management duties
  3. 3 Appropriateness of accepting a joint submission on sentence given public interest and integrity of justice system

Ratio Decidendi

Despite the seriousness of the offences and aggravating factors arising from the applicant's position of trust and harm to the investigation, the court accepted the joint submission and imposed a conditional sentence of two years less one day to be served in the community because the offender pleaded guilty, fully confessed and assisted efforts to remedy the harm, demonstrated mitigation and remorse, and the joint submission was not contrary to the public interest in the circumstances.

Court Disposition

Conditional sentence of imprisonment for two years less one day to be served in the community; restitution ordered; reporting and identification directions given.

Orders

  • Conditional sentence of two years less one day to be served in the community (house arrest and other conditions)
  • House arrest between 7:00 p.m. and 6:00 a.m. daily except with written permission or specified employment/medical exceptions