R. v. Widdifield

R. v. Widdifield

Given the organized, protracted and violent nature of the extortion, the use of Club reputation to coerce, actual loss of a valuable asset and planned continuation to extract further funds, a custodial sentence in the 5–6 year range is appropriate; taking account of age, modest record, behaviour on bail and significant restitution, a five year penitentiary term is fit; restitution of $120,000 based on an expert October 2010 vessel survey is appropriate; ancillary orders for DNA, lifetime firearms prohibition and no-contact during custody are justified by statute and facts.

Citation
2015 BCSC 643
Parties
Crown: Regina; Accused: Rajinder Singh Sandhu; Accused: Robbie Henry Louis Lajeunesse; Accused: Jeffrey Andrew Benvin; Accused: Robert Frederick Widdifield
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 April 2015
Procedural Posture
Criminal Extortion and Theft / Sentencing (oral Reasons for Sentence)
Outcome
Accused Robert Frederick Widdifield sentenced to five years' imprisonment on Count 1 (extortion); conditional stay of proceedings entered on Count 7 (theft of the boat); ancillary orders made.
Legal Topics
Extortion, Theft, Restitution, Ancillary Orders, DNA Order, Firearms Prohibition, No Contact Order
Source Language
English

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Parties

Regina

Crown

Rajinder Singh Sandhu

Accused

Robbie Henry Louis Lajeunesse

Accused

Jeffrey Andrew Benvin

Accused

Robert Frederick Widdifield

Accused

Procedural Posture

Criminal Extortion and Theft / Sentencing (oral Reasons for Sentence)

  1. 1 Appropriate custodial sentence for organized, violent extortion
  2. 2 Whether to order restitution and amount
  3. 3 Whether ancillary orders (DNA, firearms prohibition, no-contact) are appropriate

Ratio Decidendi

Given the organized, protracted and violent nature of the extortion, the use of Club reputation to coerce, actual loss of a valuable asset and planned continuation to extract further funds, a custodial sentence in the 5–6 year range is appropriate; taking account of age, modest record, behaviour on bail and significant restitution, a five year penitentiary term is fit; restitution of $120,000 based on an expert October 2010 vessel survey is appropriate; ancillary orders for DNA, lifetime firearms prohibition and no-contact during custody are justified by statute and facts.

Court Disposition

Accused Robert Frederick Widdifield sentenced to five years' imprisonment on Count 1 (extortion); conditional stay of proceedings entered on Count 7 (theft of the boat); ancillary orders made.

Orders

  • Custodial sentence of five years' imprisonment
  • Conditional stay of proceedings on Count 7 (theft of the Dream Chaser)