R. v. Pooli

R. v. Pooli

Court imposed individual sentences for each offence reflecting aggravating factors (offences while on release, armed attempted B&E, dangerous high-speed flight in stolen vehicle, prior home invasion) and mitigating factors (guilty pleas, remorse, age, rehabilitation prospects, family support), ordered all jail terms consecutive for an aggregate 795 days (26.5 months), awarded 1.5:1 pre-sentence custody credit for 252 days resulting in 543 days remaining, imposed 12 months probation, lifetime weapons prohibition under s.109(3), driving prohibitions to run concurrently, and a s.743.21 non-communication order; the aggregate sentence was held proportionate and not to offend totality.

Citation
2021 BCSC 1138
Parties
Crown: Regina; Accused: Lawrence Lloyd Pooli; Co Accused: Xavier Kalelest; Co Accused: David Jeffrey Tremblay
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 April 2021
Procedural Posture
Criminal / Sentencing (oral Reasons)
Outcome
Guilty pleas; aggregate custodial sentence imposed and credit awarded; ancillary prohibitions and probation ordered
Legal Topics
Driving While Prohibited, Dangerous Operation of a Conveyance, Attempted Break and Enter, Theft of Motor Vehicle, Pre Sentence Custody Credit, Probation, Non Communication Order
Source Language
English
Criminal Law Sentencing Traffic Law Driving While Prohibited Dangerous Operation of a Conveyance Attempted Break and Enter Theft of Motor Vehicle Pre Sentence Custody Credit +2 more

Case Brief

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Parties

Regina

Crown

Lawrence Lloyd Pooli

Accused

Xavier Kalelest

Co Accused

David Jeffrey Tremblay

Co Accused

Procedural Posture

Criminal / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate individual and global sentence for multiple offences
  2. 2 Whether sentences should be consecutive or concurrent
  3. 3 Appropriate credit for pre-sentence custody

Ratio Decidendi

Court imposed individual sentences for each offence reflecting aggravating factors (offences while on release, armed attempted B&E, dangerous high-speed flight in stolen vehicle, prior home invasion) and mitigating factors (guilty pleas, remorse, age, rehabilitation prospects, family support), ordered all jail terms consecutive for an aggregate 795 days (26.5 months), awarded 1.5:1 pre-sentence custody credit for 252 days resulting in 543 days remaining, imposed 12 months probation, lifetime weapons prohibition under s.109(3), driving prohibitions to run concurrently, and a s.743.21 non-communication order; the aggregate sentence was held proportionate and not to offend totality.

Court Disposition

Guilty pleas; aggregate custodial sentence imposed and credit awarded; ancillary prohibitions and probation ordered

Orders

  • Information 109942-1 Count 1: 14 days imprisonment, $500 fine, one-year driving prohibition under s.98 Motor Vehicle Act
  • Information 110129-1 Count 1: 21 days imprisonment, $500 fine, one-year driving prohibition under s.98 Motor Vehicle Act