R. v. Tahvili

R. v. Tahvili

Because the accused absconded sentencing proceeded in his absence; evidence (including wiretap) established that the offences were committed in association with a criminal organization which aggravated the offence; after balancing aggravating features, lack of mitigation and sentencing principles the court imposed...

Source-derived case information.

Citation
2008 BCSC 22
Parties
Crown: Regina; Accused: Omid Tahvili
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 January 2008
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced; ancillary orders imposed
Legal Topics
Kidnapping, Use of Imitation Firearm, Assault Causing Bodily Harm, Sexual Assault, Uttering Threats, Possession of Proceeds of Crime, Forfeiture, Firearms Prohibition, DNA Order, Sex Offender Information Registration, Absconding/escape, Aggravating Factors Criminal Organization
Source Language
english
Criminal Law Sentencing Evidence Extradition Referenced Kidnapping Use of Imitation Firearm Assault Causing Bodily Harm Sexual Assault +8 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Omid Tahvili

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to proceed with sentencing in the absence of the accused who absconded
  2. 2 Appropriate global sentence and structure (concurrent/consecutive) for kidnapping-related offences and related offences
  3. 3 Whether to grant full pre-trial custody credit given concurrent extradition detention

Ratio Decidendi

Because the accused absconded sentencing proceeded in his absence; evidence (including wiretap) established that the offences were committed in association with a criminal organization which aggravated the offence; after balancing aggravating features, lack of mitigation and sentencing principles the court imposed an effective global sentence of 9 years for the kidnapping-related offences and a consecutive 2 years for possession of proceeds, granted full two-for-one pre-trial custody credit, and ordered forfeiture of $199,950, a lifetime firearms prohibition, a DNA order and a SOIRA order while waiving the victim surcharge.

Court Disposition

Convicted and sentenced; ancillary orders imposed

Orders

  • Kidnapping (s.279(1)): 4 years and 3 months (after two-for-one credit) to be served concurrent with other first five sentences
  • Use of an imitation firearm (s.85(2)): 1 year concurrent