R. v. Racette

R. v. Racette

The court accepted defence calculation of pre-trial custody credit (dead time) and applied the one-and-a-half multiplier resulting in two years' credit; treated the weapons offence as meriting a four-year term but, after crediting two years dead time, imposed the maximum two-year conditional sentence order with...

Source-derived case information.

Citation
2016 BCSC 627
Parties
Crown: Regina; Accused: Jamie Noel Racette
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 March 2016
Procedural Posture
Criminal Sentencing / Sentencing Hearing
Outcome
Accused sentenced: pre-trial custody credit of two years granted; drug offences treated as time served and concurrent; weapons offence effectively a four-year sentence but satisfied by two years credit plus two-year conditional sentence order.
Legal Topics
Conditional Sentence, Pre Trial Custody Credit (dead Time), Gladue Report, Forfeiture, Firearms Prohibition, Victim Fine Surcharge, Concurrent Sentencing
Source Language
english
Criminal Law Sentencing Aboriginal Law Weapons Law Controlled Substances Law Conditional Sentence Pre Trial Custody Credit (dead Time) Gladue Report +4 more

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Parties

Regina

Crown

Jamie Noel Racette

Accused

Procedural Posture

Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for possession of a restricted sawed-off shotgun with significant prior record
  2. 2 Availability of a conditional sentence order for the weapons offence (s.742.1)
  3. 3 Calculation and application of pre-trial custody credit (dead time and one-and-a-half multiplier)

Ratio Decidendi

The court accepted defence calculation of pre-trial custody credit (dead time) and applied the one-and-a-half multiplier resulting in two years' credit; treated the weapons offence as meriting a four-year term but, after crediting two years dead time, imposed the maximum two-year conditional sentence order with strict conditions and made drug offences concurrent and treated as time served; s.742.1(e)(3) did not preclude a CSO because the weapon was not used; ancillary orders including forfeiture and lifetime s.109 firearms prohibition were appropriate; victim fine surcharge of $300 was satisfied by directing three days' custody in lieu of payment as ordered.

Court Disposition

Accused sentenced: pre-trial custody credit of two years granted; drug offences treated as time served and concurrent; weapons offence effectively a four-year sentence but satisfied by two years credit plus two-year conditional sentence order.

Orders

  • Recommend transfer to Kamloops Regional Correctional Centre to facilitate release to VisionQuest
  • Forfeiture of all non-drug items as per forfeiture order (signed)