R. v. Belcourt

R. v. Belcourt

A six-year global sentence is fit for Laidlaw for conspiracy to commit murder; given the nature of the offence (mid-range contracted killing with exchange of money and details) and the demonstrated limited access to rehabilitative programming in pre-trial custody, full 2:1 credit was appropriate (credit of four years ten months), producing a net custodial term of one year and two months; ancillary orders including a ten-year prohibition on possession of firearms/restricted weapons, lifetime prohibition on possession of prohibited firearms, a DNA sample order, and a non-communication order for the custodial period were imposed.

Citation
2012 BCSC 527
Parties
Prosecution: Regina; Accused: David Laidlaw; Accused: Liza Belcourt; Accused: Jordan Doiron
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 April 2012
Procedural Posture
Criminal Conspiracy to Commit Murder / Sentencing (reasons for Sentence)
Outcome
Sentence imposed: six years imprisonment; credit for pre-sentence custody of four years and ten months; net custodial term of one year and two months.
Legal Topics
Conspiracy to Commit Murder, Pre Sentence Custody Credit, Parity of Sentences, Ancillary Orders (firearm Prohibition, DNA, Non‑communication)
Source Language
English
Criminal Law Sentencing Conspiracy to Commit Murder Pre Sentence Custody Credit Parity of Sentences Ancillary Orders (firearm Prohibition, Dna, Non‑communication)

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Parties

Regina

Prosecution

David Laidlaw

Accused

Liza Belcourt

Accused

Jordan Doiron

Accused

Procedural Posture

Criminal Conspiracy to Commit Murder / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 What is a fit and proportionate sentence for conspiracy to murder
  2. 2 Whether 2:1 credit for pre-sentence custody is warranted
  3. 3 Whether parity with co-accused should apply

Ratio Decidendi

A six-year global sentence is fit for Laidlaw for conspiracy to commit murder; given the nature of the offence (mid-range contracted killing with exchange of money and details) and the demonstrated limited access to rehabilitative programming in pre-trial custody, full 2:1 credit was appropriate (credit of four years ten months), producing a net custodial term of one year and two months; ancillary orders including a ten-year prohibition on possession of firearms/restricted weapons, lifetime prohibition on possession of prohibited firearms, a DNA sample order, and a non-communication order for the custodial period were imposed.

Court Disposition

Sentence imposed: six years imprisonment; credit for pre-sentence custody of four years and ten months; net custodial term of one year and two months.

Orders

  • Imposed six years imprisonment.
  • Credit for pre-sentence custody: four years and ten months (2:1 credit).