R. v. Fleurant

R. v. Fleurant

Fleurant was found in contempt for refusing to be sworn or to answer questions as the sole compellable witness; having regard to the seriousness, precedent range (15–36 months), his circumstances and the joint submission, the court accepted the stipulated 18‑month custodial sentence and ordered it concurrent with his existing life sentence.

Citation
2021 BCSC 1665
Parties
Crown: Regina; Accused: Joshua Albert Fleurant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 August 2021
Procedural Posture
Contempt Proceeding (criminal) / Sentencing (oral Reasons)
Outcome
Accused found in contempt of court and sentenced to 18 months' imprisonment, concurrent with existing life sentence.
Legal Topics
Refusal to Testify, Compellable Witness Obligations, Joint Submission on Sentence, Concurrent Sentencing
Source Language
English
Criminal Law Contempt of Court Sentencing Refusal to Testify Compellable Witness Obligations Joint Submission on Sentence Concurrent Sentencing

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Parties

Regina

Crown

Joshua Albert Fleurant

Accused

Procedural Posture

Contempt Proceeding (criminal) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether Fleurant committed contempt by refusing to be sworn/affirmed and to answer questions
  2. 2 What sentence is appropriate for contempt given precedent and circumstances
  3. 3 Whether the joint submission of 18 months should be accepted

Ratio Decidendi

Fleurant was found in contempt for refusing to be sworn or to answer questions as the sole compellable witness; having regard to the seriousness, precedent range (15–36 months), his circumstances and the joint submission, the court accepted the stipulated 18‑month custodial sentence and ordered it concurrent with his existing life sentence.

Court Disposition

Accused found in contempt of court and sentenced to 18 months' imprisonment, concurrent with existing life sentence.

Orders

  • Accused Joshua Albert Fleurant is declared in contempt of court for refusing to be sworn/affirmed and to answer questions.
  • Accused is sentenced to 18 months' imprisonment for contempt, to be served concurrently with his current life sentence.