R. v. Huard

R. v. Huard

Given the accused's record of violence, recent conviction for uttering threats, breach of bail including possession of a firearm, and the societal need to denounce gun violence, a five‑year sentence was appropriate; nine months of pre‑sentence custody credited at 2:1 resulting in 42 months of remaining incarceration; mandatory 10‑year weapons prohibition imposed; firearms forfeited; victim fine surcharge waived due to inability to pay and incarceration.

Citation
2009 BCSC 999
Parties
Crown: Regina; Accused: Jackson Paul Huard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 June 2009
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted and sentenced to five years' imprisonment with nine months pre‑sentence custody credited at 2:1 resulting in effective incarceration of 42 months; mandatory weapons prohibition for 10 years; seized firearms forfeited to the Crown; victim fine surcharge waived.
Legal Topics
Minimum Mandatory Sentence, Weapons Prohibition, Pre‑sentence Custody Credit, Forfeiture of Seized Property, Victim Fine Surcharge Waiver, Uttering Threats, Bail Breach
Source Language
English
Criminal Law Sentencing Firearms Law Bail Minimum Mandatory Sentence Weapons Prohibition Pre‑sentence Custody Credit Forfeiture of Seized Property +3 more

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Parties

Regina

Crown

Jackson Paul Huard

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence within 3–10 year range for offence with three‑year minimum
  2. 2 Whether accused qualifies as the 'best' (least culpable) offender under R. v. Morrissey
  3. 3 Application of pre‑sentence custody credit at 2:1 rate

Ratio Decidendi

Given the accused's record of violence, recent conviction for uttering threats, breach of bail including possession of a firearm, and the societal need to denounce gun violence, a five‑year sentence was appropriate; nine months of pre‑sentence custody credited at 2:1 resulting in 42 months of remaining incarceration; mandatory 10‑year weapons prohibition imposed; firearms forfeited; victim fine surcharge waived due to inability to pay and incarceration.

Court Disposition

Accused convicted and sentenced to five years' imprisonment with nine months pre‑sentence custody credited at 2:1 resulting in effective incarceration of 42 months; mandatory weapons prohibition for 10 years; seized firearms forfeited to the Crown; victim fine surcharge waived.

Orders

  • Sentence of five years' imprisonment imposed
  • Credit for nine months pre‑sentence custody applied at 2:1 resulting in 42 months of incarceration remaining