R. v. McDowell

R. v. McDowell

The accused's conduct before the court and jury was objectively extreme and contemptuous, warranting a custodial sentence designed to punish and deter; two 10‑day jail terms were imposed but ordered to be served concurrently, resulting in a total of 10 days' imprisonment.

Citation
2015 BCSC 1478
Parties
Crown: Regina; Accused: Darryl Bruce McDowell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 June 2015
Procedural Posture
Criminal Contempt Proceedings / Sentencing
Outcome
Found in contempt and sentenced to 10 days' imprisonment on each of two citations to be served concurrently
Legal Topics
Contempt, Sentencing Principles, Deterrence, Court Authority, Concurrent Sentences
Source Language
English
Criminal Law Contempt of Court Sentencing Contempt Sentencing Principles Deterrence Court Authority Concurrent Sentences

Case Brief

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Parties

Regina

Crown

Darryl Bruce McDowell

Accused

Procedural Posture

Criminal Contempt Proceedings / Sentencing

Legal Issues

  1. 1 Whether the conduct amounted to contempt of court
  2. 2 Appropriate sanction for contemptuous conduct
  3. 3 Whether sentences on multiple citations should be concurrent or consecutive

Ratio Decidendi

The accused's conduct before the court and jury was objectively extreme and contemptuous, warranting a custodial sentence designed to punish and deter; two 10‑day jail terms were imposed but ordered to be served concurrently, resulting in a total of 10 days' imprisonment.

Court Disposition

Found in contempt and sentenced to 10 days' imprisonment on each of two citations to be served concurrently

Orders

  • Sentence of 10 days in jail on each contempt citation, to be served concurrently