R .v. Wilson

R .v. Wilson

The court accepted the joint sentencing submission and imposed the mandatory minimum one year sentence on Count 3 to be served as time already in custody (with Summers credit), imposed an 18‑month probation order with specified conditions, ordered a life prohibition under s.109 on possession of firearms and related items, ordered forfeiture and destruction of the seized pellet gun, and made a DNA order under s.487.051; Count 2 was sentenced to 30 days concurrent to time served (no additional custodial time).

Citation
2016 BCSC 203
Parties
Crown: Regina; Accused: Brent Lane Wilson; Victim: Soo Hyun Won
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 January 2016
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted on Count 2 (common assault) and Count 3 (use of a firearm or imitation in commission of an offence); sentence imposed consistent with joint submission and mandatory minimums.
Legal Topics
Common Assault, Use of Firearm in Commission of Offence (s.85), Mandatory Minimum Sentence, Pre Trial Custody Credit (summers), Probation Conditions, DNA Order, Forfeiture/destruction of Seized Property
Source Language
English
Criminal Law Sentencing Firearms/weapons Procedural Law Common Assault Use of Firearm in Commission of Offence (s.85) Mandatory Minimum Sentence Pre Trial Custody Credit (summers) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Crown

Brent Lane Wilson

Accused

Soo Hyun Won

Victim

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether to accept the joint submission for one year time served given mandatory minimum under s.85 Criminal Code
  2. 2 Appropriate pre-trial custody credit under R. v. Summers
  3. 3 Whether offence triggers primary designation for DNA order

Ratio Decidendi

The court accepted the joint sentencing submission and imposed the mandatory minimum one year sentence on Count 3 to be served as time already in custody (with Summers credit), imposed an 18‑month probation order with specified conditions, ordered a life prohibition under s.109 on possession of firearms and related items, ordered forfeiture and destruction of the seized pellet gun, and made a DNA order under s.487.051; Count 2 was sentenced to 30 days concurrent to time served (no additional custodial time).

Court Disposition

Accused convicted on Count 2 (common assault) and Count 3 (use of a firearm or imitation in commission of an offence); sentence imposed consistent with joint submission and mandatory minimums.

Orders

  • Count 3: One year imprisonment, time served (credit applied)
  • Count 2: 30 days custody concurrent to time served (no additional custody)