R. v. Crawford

R. v. Crawford

Range for sentences in this kidnapping/extortion context is three to nine years depending on role; conditional stays granted for unlawful confinement and threatening under Kienapple; specific sentences imposed: Carr nine years for kidnapping (concurrent five years for extortion) with 566 days credit; Brar three and...

Source-derived case information.

Citation
2013 BCSC 2121
Parties
Crown: Regina; Accused: Thomas Roy Crawford; Accused: Robert Ryan Carr; Accused: Veronica Moncur; Accused: David Russell Tarrant; Accused: Demple Manjit Brar; Accused: Nazafar Victoria Mirhadi; Accused: Edmond Joseph Gammel; Victim: Mr. Safi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 November 2013
Procedural Posture
Criminal / Sentencing (reasons for Sentence)
Outcome
Convictions entered; conditional stays granted on overlapping counts; sentences imposed on four accused with specified credits; ancillary orders made (DNA sample, firearms prohibitions, no-contact order); sentencing for Crawford adjourned.
Legal Topics
Kidnapping, Unlawful Confinement, Extortion, Threats, Weapons Offences, Pre Trial Custody Credit, Kienapple Principle, Gladue/aboriginal Factors, DNA Order, Firearms Prohibition
Source Language
english
Criminal Law Sentencing Firearms Law Immigration Law Kidnapping Unlawful Confinement Extortion Threats +6 more

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Parties

Regina

Crown

Thomas Roy Crawford

Accused

Robert Ryan Carr

Accused

Veronica Moncur

Accused

David Russell Tarrant

Accused

Demple Manjit Brar

Accused

Nazafar Victoria Mirhadi

Accused

Edmond Joseph Gammel

Accused

Mr. Safi

Victim

Procedural Posture

Criminal / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Appropriate range of sentence for kidnapping and extortion given roles of accused
  2. 2 Application of Kienapple principle to multiple convictions
  3. 3 Assessment of aggravating and mitigating factors including planning, use or threat of weapons, duration and psychological harm

Ratio Decidendi

Range for sentences in this kidnapping/extortion context is three to nine years depending on role; conditional stays granted for unlawful confinement and threatening under Kienapple; specific sentences imposed: Carr nine years for kidnapping (concurrent five years for extortion) with 566 days credit; Brar three and a half years with 13 days credit; Gammel three years with 192 days credit; Tarrant three years with 772 days credit; DNA sample and specified firearms prohibitions and no-contact order imposed; Crawford sentencing adjourned for psychiatric assessment.

Court Disposition

Convictions entered; conditional stays granted on overlapping counts; sentences imposed on four accused with specified credits; ancillary orders made (DNA sample, firearms prohibitions, no-contact order); sentencing for Crawford adjourned.

Orders

  • Conditional stays entered on unlawful confinement and threatening convictions pursuant to Kienapple
  • Accused ordered to provide DNA sample pursuant to Criminal Code s.487.051(1)