R. v. Payne, Garfield and McConnell re: Garfield Sentencing

R. v. Payne, Garfield and McConnell re: Garfield Sentencing

Court found Garfield was a mid-level member of an organized crack-distribution group, participated in two violent extortion incidents by delivering victims, recording one assault and by his presence and reputation contributing to compliance; his youth and cognitive impairment were mitigating but outweighed by aggravating factors of gratuitous, weaponized violence against vulnerable addicts and organized criminality; applied parity and totality principles, credited 15 months for time in custody, and imposed sentences of two years (Count 3) and 14 months consecutive (Count 4) plus a lifetime s.109 ban.

Citation
2006 BCSC 1361
Parties
Crown: Regina; Accused: Matthew Jordan Garfield; Co Accused: Scott Brian Payne; Co Accused: Lorne Glen McConnell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 July 2006
Procedural Posture
Criminal / Sentencing (oral Reasons)
Outcome
Convicted on two counts of extortion; sentenced on Count 3 to two years imprisonment and on Count 4 to 14 months imprisonment consecutive; pre-trial custody credited; lifetime ban under s.109 imposed.
Legal Topics
Extortion, Membership in Criminal Organization, Use of Weapons, Aggravating Factors, Mitigation and Credit for Pre Trial Custody, Parity and Totality Principles, S.109 Weapons Ban
Source Language
English
Criminal Law Sentencing Organized Crime Drug Offences Violent Crime Extortion Membership in Criminal Organization Use of Weapons +4 more

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Parties

Regina

Crown

Matthew Jordan Garfield

Accused

Scott Brian Payne

Co Accused

Lorne Glen McConnell

Co Accused

Procedural Posture

Criminal / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate sentence for two counts of extortion involving violence and weapons
  2. 2 Assessment of accused's role and culpability within a criminal organization
  3. 3 Weight of aggravating factors (violence, weapons, vulnerable victims) against mitigation (youth, lack of record, cognitive deficits)

Ratio Decidendi

Court found Garfield was a mid-level member of an organized crack-distribution group, participated in two violent extortion incidents by delivering victims, recording one assault and by his presence and reputation contributing to compliance; his youth and cognitive impairment were mitigating but outweighed by aggravating factors of gratuitous, weaponized violence against vulnerable addicts and organized criminality; applied parity and totality principles, credited 15 months for time in custody, and imposed sentences of two years (Count 3) and 14 months consecutive (Count 4) plus a lifetime s.109 ban.

Court Disposition

Convicted on two counts of extortion; sentenced on Count 3 to two years imprisonment and on Count 4 to 14 months imprisonment consecutive; pre-trial custody credited; lifetime ban under s.109 imposed.

Orders

  • Count 3: two years imprisonment
  • Count 4: 14 months imprisonment consecutive to Count 3