R. v. Skwira

R. v. Skwira

The court accepted the joint submission and imposed a conditional sentence of two years less one day because the sentence was within the appropriate range, met the Criminal Code preconditions for a conditional sentence, did not endanger community safety given the offender's lack of prior record and bail performance, and adequately satisfied sentencing principles of denunciation and deterrence; the court distinguished Cromwell on its facts and imposed ancillary orders including firearms prohibitions and a DNA order.

Citation
2010 BCSC 411
Parties
Crown: Regina; Accused: Ethan Anthony Skwira
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 February 2010
Procedural Posture
Criminal Extortion / Sentencing Hearing
Outcome
Guilty plea accepted; sentenced to two years less one day to be served as a conditional sentence in the community
Legal Topics
Extortion, Conditional Sentence, Denunciation, Deterrence, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Extortion Conditional Sentence Denunciation Deterrence DNA Order Firearms Prohibition

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Parties

Regina

Crown

Ethan Anthony Skwira

Accused

Procedural Posture

Criminal Extortion / Sentencing Hearing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for extortion in these circumstances
  2. 2 Whether the joint submission should be accepted by the sentencing judge
  3. 3 Application of sentencing principles: denunciation, deterrence, rehabilitation, protection of the community

Ratio Decidendi

The court accepted the joint submission and imposed a conditional sentence of two years less one day because the sentence was within the appropriate range, met the Criminal Code preconditions for a conditional sentence, did not endanger community safety given the offender's lack of prior record and bail performance, and adequately satisfied sentencing principles of denunciation and deterrence; the court distinguished Cromwell on its facts and imposed ancillary orders including firearms prohibitions and a DNA order.

Court Disposition

Guilty plea accepted; sentenced to two years less one day to be served as a conditional sentence in the community

Orders

  • Keep the peace and be of good behaviour
  • Appear before the Court when required