R. v. Van Buskirk

R. v. Van Buskirk

The appropriate custodial sentences are eight years for the Abu-Sharife conspiracy and six years for the R.S.F. conspiracy, to be served concurrently with each other but consecutively to the existing youth sentence for first degree murder and the contempt sentence; one year credit for time served is applied to each conspiracy sentence, producing effective custodial terms of seven and five years respectively; ancillary orders include a 10-year weapons prohibition under s.110 and a DNA sample order under s.487.051; victim surcharge waived.

Citation
2007 BCSC 1925
Parties
Crown: Regina; Co Accused: Mohammed Saeed Abu-Sharife; Co Accused: R.S.F.; Accused: Brent William Van Buskirk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 December 2007
Procedural Posture
Criminal: Sentencing on Conspiracy to Commit Murder and Related Matters / Oral Reasons for Sentence (sentencing)
Outcome
Guilty pleas accepted; sentenced on two counts of conspiracy to commit murder: 8 years (Abu-Sharife matter) and 6 years (R.S.F. matter), concurrent with each other, consecutive to youth murder and contempt sentences; 1 year credit applied to each resulting in effective 7 and 5 years; ancillary orders made.
Legal Topics
Conspiracy to Commit Murder, Concurrent and Consecutive Sentences, Time Served and Credit, Weapons Prohibition, DNA Order, Contempt of Court, Youth Sentencing
Source Language
English
Criminal Law Sentencing Youth Criminal Justice Conspiracy to Commit Murder Concurrent and Consecutive Sentences Time Served and Credit Weapons Prohibition DNA Order +2 more

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Parties

Regina

Crown

Mohammed Saeed Abu-Sharife

Co Accused

R.S.F.

Co Accused

Brent William Van Buskirk

Accused

Procedural Posture

Criminal: Sentencing on Conspiracy to Commit Murder and Related Matters / Oral Reasons for Sentence (sentencing)

Legal Issues

  1. 1 Whether conspiracy sentences should be concurrent or consecutive to each other
  2. 2 Whether conspiracy sentences should be consecutive or concurrent with existing youth murder and contempt sentences
  3. 3 Appropriate length of sentence for each conspiracy count

Ratio Decidendi

The appropriate custodial sentences are eight years for the Abu-Sharife conspiracy and six years for the R.S.F. conspiracy, to be served concurrently with each other but consecutively to the existing youth sentence for first degree murder and the contempt sentence; one year credit for time served is applied to each conspiracy sentence, producing effective custodial terms of seven and five years respectively; ancillary orders include a 10-year weapons prohibition under s.110 and a DNA sample order under s.487.051; victim surcharge waived.

Court Disposition

Guilty pleas accepted; sentenced on two counts of conspiracy to commit murder: 8 years (Abu-Sharife matter) and 6 years (R.S.F. matter), concurrent with each other, consecutive to youth murder and contempt sentences; 1 year credit applied to each resulting in effective 7 and 5 years; ancillary orders made.

Orders

  • Custodial sentence of 8 years on Abu-Sharife conspiracy (1 year credit applied; effective 7 years)
  • Custodial sentence of 6 years on R.S.F. conspiracy (1 year credit applied; effective 5 years)