R. v. Payne

R. v. Payne

Given the calculated extreme violence, the accused's role in a hierarchical criminal organization targeting vulnerable addicts for profit, and the need for denunciation, deterrence and public protection over rehabilitation, impose significant custody: 8 years for aggravated assault (Count 2) and concurrent terms of...

Source-derived case information.

Citation
2006 BCSC 1651
Parties
Crown: Regina; Accused: Scott Brian Payne
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 September 2006
Procedural Posture
Criminal / Sentencing (post‑conviction)
Outcome
Accused convicted on Counts 1, 2 and 4. Sentenced to 8 years custody for aggravated assault (Count 2) and concurrent terms of 3 years (Count 1) and 29 months (Count 4). DNA sample order and lifetime prohibition on possessing specified substances/equipment/weapons. Two‑for‑one credit applied for one year pre‑sentence...
Legal Topics
Extortion, Aggravated Assault, Sentencing, Organized Crime, Pre‑sentence Custody Credit, DNA Order, Weapons Prohibition
Source Language
english
Criminal Law Extortion Aggravated Assault Sentencing Organized Crime Pre‑sentence Custody Credit DNA Order Weapons Prohibition

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Parties

Regina

Crown

Scott Brian Payne

Accused

Procedural Posture

Criminal / Sentencing (post‑conviction)

Legal Issues

  1. 1 Appropriate sentence for extortion and aggravated assault
  2. 2 Application of ss.718, 718.1 and 718.2 sentencing principles including denunciation, deterrence, rehabilitation and protection of the public
  3. 3 Application of totality and parity principles

Ratio Decidendi

Given the calculated extreme violence, the accused's role in a hierarchical criminal organization targeting vulnerable addicts for profit, and the need for denunciation, deterrence and public protection over rehabilitation, impose significant custody: 8 years for aggravated assault (Count 2) and concurrent terms of 3 years (Count 1) and 29 months (Count 4); order DNA sample under s.487.051(1) and lifetime prohibition under s.109(1)(a); apply two‑for‑one pre‑sentence custody credit for one year in custody.

Court Disposition

Accused convicted on Counts 1, 2 and 4. Sentenced to 8 years custody for aggravated assault (Count 2) and concurrent terms of 3 years (Count 1) and 29 months (Count 4). DNA sample order and lifetime prohibition on possessing specified substances/equipment/weapons. Two‑for‑one credit applied for one year pre‑sentence...

Orders

  • Count 1 (extortion of Shawn Giesbrecht): 3 years custody, concurrent with other sentences
  • Count 4 (extortion of Alphonse Holtz): 29 months custody, concurrent with other sentences