R. v. Delgren

R. v. Delgren

The sentencing judge erred in failing to articulate the public interest analysis required by s. 730(1), but on appellate re-evaluation the conditional discharge with an extended two-year probation, a three-month nightly curfew, and 50 hours community service adequately addressed denunciation and deterrence and was not demonstrably unfit; accordingly the appeal is dismissed and the sentence upheld.

Citation
2019 BCSC 396
Parties
Crown: Regina; Accused: Joshua Bailey Delgren
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2019
Procedural Posture
Criminal / Crown Appeal of Sentence From Provincial Court
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Conditional Discharge, Section 730 Criminal Code, Public Interest in Sentencing, Probation, Conditional Sentence Order, Denunciation and Deterrence, Appellate Review of Sentence
Source Language
English
Criminal Law Sentencing Domestic Violence Conditional Discharge Section 730 Criminal Code Public Interest in Sentencing Probation Conditional Sentence Order +2 more

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Parties

Regina

Crown

Joshua Bailey Delgren

Accused

Procedural Posture

Criminal / Crown Appeal of Sentence From Provincial Court

Legal Issues

  1. 1 Whether the sentencing judge failed to consider whether a conditional discharge was contrary to the public interest under s. 730(1) Criminal Code
  2. 2 Whether the conditional discharge imposed was demonstrably unfit and should be replaced by a custodial or conditional sentence order

Ratio Decidendi

The sentencing judge erred in failing to articulate the public interest analysis required by s. 730(1), but on appellate re-evaluation the conditional discharge with an extended two-year probation, a three-month nightly curfew, and 50 hours community service adequately addressed denunciation and deterrence and was not demonstrably unfit; accordingly the appeal is dismissed and the sentence upheld.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Appeal dismissed
  • Original sentence of a conditional discharge is upheld: two years probation including terms sought by Crown, abstain from non‑prescription drugs and alcohol, 50 hours community service to be completed within 18 months, curfew requiring residence from 9:00 p.m. to 6:00 a.m. for first three months