R. v. Aldred

R. v. Aldred

The court accepted the joint submission as a fit sentence given the aggravating factors (including violence in a prison setting and prior convictions), the mitigating factors (age and guilty plea), and the agreed remand credit calculation; accordingly the court imposed the agreed custodial durations less credit...

Source-derived case information.

Citation
2015 BCSC 1281
Parties
Crown: Regina; Accused: Jeremy James Aldred; Accused: Aaron James Morin; Accused: Jonathan Kyle Relkey; Accused: Christopher Ryan Russell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 July 2015
Procedural Posture
Criminal / Oral Reasons for Sentence
Outcome
Sentence imposed in accordance with joint submission: custodial sentences less remand credit, netting one day of jail for each offence, plus probation and ancillary orders; stay entered on Count 4 as directed by Crown.
Legal Topics
Common Assault, Joint Submission on Sentence, Remand Credit, Probation, Ancillary Orders, Gladue Principles
Source Language
english
Criminal Law Sentencing Assault Corrections Common Assault Joint Submission on Sentence Remand Credit Probation +2 more

Source-derived case record

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Parties

Regina

Crown

Jeremy James Aldred

Accused

Aaron James Morin

Accused

Jonathan Kyle Relkey

Accused

Christopher Ryan Russell

Accused

Procedural Posture

Criminal / Oral Reasons for Sentence

Legal Issues

  1. 1 Appropriate sentence for two counts of common assault committed in custody
  2. 2 Calculation and application of remand credit
  3. 3 Whether to accept a joint submission on sentence

Ratio Decidendi

The court accepted the joint submission as a fit sentence given the aggravating factors (including violence in a prison setting and prior convictions), the mitigating factors (age and guilty plea), and the agreed remand credit calculation; accordingly the court imposed the agreed custodial durations less credit (netting one day each) and two years probation with specified ancillary conditions.

Court Disposition

Sentence imposed in accordance with joint submission: custodial sentences less remand credit, netting one day of jail for each offence, plus probation and ancillary orders; stay entered on Count 4 as directed by Crown.

Orders

  • Sentence of 180 days jail on count concerning Robert White less credit for time served (net 1 day custody)
  • Sentence of 110 days jail on count concerning Larry McCarthy less credit for time served (net 1 day custody)