R. v. Aldred

R. v. Aldred

The court accepted the joint submission because the accused did not directly strike the victim, his presence was to add 'force of presence' only, his guilty plea and remorse mitigate, but serious injury to the victim and the accused's criminal record are aggravating; probation was inappropriate given federal custody and parole plans; accordingly a fit sentence was 33 days' jail time served (crediting 22 days at 1.5:1) and the Crown's stay on Count 2 and Count 5 was directed.

Citation
2015 BCSC 1112
Parties
Crown: Regina; Co‑accused: Jeremy James Aldred; Co‑accused: Aaron James Morin; Accused: Jonathan Kyle Relkey (also known as Neil Hollier, Jonathan Rellsey); Co‑accused: Christopher Ryan Russell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 May 2015
Procedural Posture
Criminal Assault / Sentencing (oral Reasons) Following Guilty Plea
Outcome
Accused convicted on guilty plea to common assault; sentence of 33 days jail time served (22 days credited at 1.5:1); Crown directed stay on Count 2 and Count 5; no probation imposed.
Legal Topics
Common Assault, Guilty Plea, Aggravating and Mitigating Factors, Time Served Credit, Stay of Proceedings
Source Language
English
Criminal Law Sentencing Assault Corrections Common Assault Guilty Plea Aggravating and Mitigating Factors Time Served Credit +1 more

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Parties

Regina

Crown

Jeremy James Aldred

Co‑accused

Aaron James Morin

Co‑accused

Jonathan Kyle Relkey (also known as Neil Hollier, Jonathan Rellsey)

Accused

Christopher Ryan Russell

Co‑accused

Procedural Posture

Criminal Assault / Sentencing (oral Reasons) Following Guilty Plea

Legal Issues

  1. 1 Whether accused directly participated in the assault or was only present to add 'force of presence'
  2. 2 Appropriate sentence for common assault causing serious injury to the victim by a co‑accused
  3. 3 Whether probation is appropriate given federal incarceration and parole/rehabilitation planning

Ratio Decidendi

The court accepted the joint submission because the accused did not directly strike the victim, his presence was to add 'force of presence' only, his guilty plea and remorse mitigate, but serious injury to the victim and the accused's criminal record are aggravating; probation was inappropriate given federal custody and parole plans; accordingly a fit sentence was 33 days' jail time served (crediting 22 days at 1.5:1) and the Crown's stay on Count 2 and Count 5 was directed.

Court Disposition

Accused convicted on guilty plea to common assault; sentence of 33 days jail time served (22 days credited at 1.5:1); Crown directed stay on Count 2 and Count 5; no probation imposed.

Orders

  • Sentence: 33 days' jail time served (credit 22 days at 1.5:1).
  • Stay entered on Count 2 and Count 5 as directed by Crown.