R. v. Nelson

R. v. Nelson

Given the serious and violent 12‑hour kidnapping, substantial and potentially permanent injuries, the need for denunciation and deterrence, and the offenders' records and remorse (White genuine, Nelson less so), significant custodial sentences were fit: Nelson and White received multi‑year effective terms with...

Source-derived case information.

Citation
2010 BCSC 125
Parties
Crown: Regina; Accused: Sarah Nelson; Accused: Richard John Stephen White
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 January 2010
Procedural Posture
Criminal / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Accused sentenced following guilty pleas; orders for DNA and weapons prohibition made; victim surcharge waived.
Legal Topics
Kidnapping, Assault Causing Bodily Harm, DNA Order, Weapons Prohibition, Credit for Pre Trial Custody, Rehabilitation
Source Language
english
Criminal Law Sentencing Violent Offences Forensic Orders Kidnapping Assault Causing Bodily Harm DNA Order Weapons Prohibition +2 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Sarah Nelson

Accused

Richard John Stephen White

Accused

Procedural Posture

Criminal / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate quantum of sentence for kidnapping and assault causing bodily harm
  2. 2 Application of denunciation and deterrence principles
  3. 3 Assessment of mitigation: guilty plea, remorse, addiction and prior record

Ratio Decidendi

Given the serious and violent 12‑hour kidnapping, substantial and potentially permanent injuries, the need for denunciation and deterrence, and the offenders' records and remorse (White genuine, Nelson less so), significant custodial sentences were fit: Nelson and White received multi‑year effective terms with credit for pre‑trial custody; DNA orders and weapons prohibitions were appropriate given the offences and statutory authority.

Court Disposition

Accused sentenced following guilty pleas; orders for DNA and weapons prohibition made; victim surcharge waived.

Orders

  • Sarah Nelson: effective sentence for kidnapping 4 years and for assault causing bodily harm 2.5 years to run concurrently; after credit for time served actual custodial sentence adjusted to 23 months then modified to a 2‑year federal custodial sentence for kidnapping and 5 months custodial for assault, to be served...
  • Richard John Stephen White: effective sentence for kidnapping 4.5 years and for assault causing bodily harm 3 years to run concurrently; after credit for time served actual custodial sentences imposed of 29 months for kidnapping and 11 months for assault, to be served concurrently.