R. v. Bidesi

R. v. Bidesi

For first offences of contempt for refusing to testify at a murder trial the appropriate usual sentencing range is 15 months to three years; having weighed aggravating factors (seriousness of underlying charge, significant trial impact, leaving critical evidence unknown) against mitigating factors (youth, lack of...

Source-derived case information.

Citation
2016 BCSC 171
Parties
Crown: Regina; Accused (underlying Murder/manslaughter): Russell Atma Bidesi; Contemnor/defendant: Joshua Bruno Martinez; Contemnor/defendant: Fabian Lyde
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 January 2016
Procedural Posture
Contempt Proceedings Arising From Criminal Trial / Sentencing (oral Reasons for Sentence)
Outcome
Both contemnors convicted of contempt of court and sentenced to 24 months' imprisonment each, consecutive to their current sentences
Legal Topics
Refusal to Testify, Murder Trial, Publication Ban, Gladue Factors, Consecutive Sentencing, Totality Principle
Source Language
english
Criminal Law Contempt of Court Evidence Sentencing Refusal to Testify Murder Trial Publication Ban Gladue Factors +2 more

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Parties

Regina

Crown

Russell Atma Bidesi

Accused (underlying Murder/manslaughter)

Joshua Bruno Martinez

Contemnor/defendant

Fabian Lyde

Contemnor/defendant

Procedural Posture

Contempt Proceedings Arising From Criminal Trial / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether refusal to testify by subpoenaed witnesses during a murder trial warrants significant custodial sentences for contempt
  2. 2 Appropriate sentencing range for first offences of contempt for refusal to testify in murder cases
  3. 3 Application of Gladue factors and totality principle when imposing consecutive contempt sentences

Ratio Decidendi

For first offences of contempt for refusing to testify at a murder trial the appropriate usual sentencing range is 15 months to three years; having weighed aggravating factors (seriousness of underlying charge, significant trial impact, leaving critical evidence unknown) against mitigating factors (youth, lack of prior record, rehabilitation efforts, Gladue factors and totality with existing manslaughter sentences), a fit sentence for each contemnor is 24 months' imprisonment to be served consecutively to their current sentences.

Court Disposition

Both contemnors convicted of contempt of court and sentenced to 24 months' imprisonment each, consecutive to their current sentences

Orders

  • Each contemnor sentenced to 24 months' imprisonment for contempt of court to be served consecutively to the sentence currently being served