R. v. Violette

R. v. Violette

The extortion involved a premeditated, callous and violent assault carried out by the accused as the EEHA leader using muscle to prevent resistance; this, combined with planning, location and group sanction, required a custodial sentence of four years to achieve denunciation and general deterrence and parity with co-accused; possession of operable prohibited/loaded firearms stored with body armour was an aggravating factor justifying a consecutive two-year custodial sentence; court authorized DNA orders, weapons prohibitions and forfeiture pursuant to Criminal Code provisions and waived victim fine surcharges.

Citation
2009 BCSC 1557
Parties
Crown: Regina; Accused: Jean Joseph Violette; Accused: Ronaldo Lising; Accused: Randall Richard Potts; Accused: John Virgil Punko
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted of extortion and possession of prohibited firearms, acquitted of criminal organization offence; sentenced to 4 years custody on extortion and 2 years custody consecutive on firearms
Legal Topics
Extortion, Firearms Offences, Criminal Organization (acquitted), Sentencing Principles, Ancillary Orders (dna, Forfeiture, Weapons Prohibition), Pre Trial Custody Credit, Parity of Sentences
Source Language
English
Criminal Law Extortion Firearms Offences Criminal Organization (acquitted) Sentencing Principles Ancillary Orders (dna, Forfeiture, Weapons Prohibition) Pre Trial Custody Credit Parity of Sentences

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Parties

Regina

Crown

Jean Joseph Violette

Accused

Ronaldo Lising

Accused

Randall Richard Potts

Accused

John Virgil Punko

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for extortion involving violence, planning and use of group status
  2. 2 Appropriate sentence for possession of prohibited/loaded firearms found with body armour
  3. 3 Whether conditional sentence or other non-custodial disposition is appropriate

Ratio Decidendi

The extortion involved a premeditated, callous and violent assault carried out by the accused as the EEHA leader using muscle to prevent resistance; this, combined with planning, location and group sanction, required a custodial sentence of four years to achieve denunciation and general deterrence and parity with co-accused; possession of operable prohibited/loaded firearms stored with body armour was an aggravating factor justifying a consecutive two-year custodial sentence; court authorized DNA orders, weapons prohibitions and forfeiture pursuant to Criminal Code provisions and waived victim fine surcharges.

Court Disposition

Accused convicted of extortion and possession of prohibited firearms, acquitted of criminal organization offence; sentenced to 4 years custody on extortion and 2 years custody consecutive on firearms

Orders

  • Sentence of four years' imprisonment on the extortion offence (Count 18)
  • Sentence of two years' imprisonment on the firearms offence (Count 28) to run consecutive to extortion sentence