R. v. Anderson

R. v. Anderson

Given Anderson's active participation in multiple riot locations, commission of two assaults on emergency personnel while on probation and intoxicated, his significant and continuing criminal record, and lack of confidence in his ability to comply with conditions, a custodial sentence was necessary for denunciation and deterrence; conditional sentence rejected and custody imposed (15 months on riot count reduced by 5.5 months pre-trial credit; concurrent 8 months on assault counts), followed by 18 months' probation and ancillary orders including a 10‑year weapons prohibition; no DNA order and no victim fine surcharge imposed.

Citation
2014 BCSC 2514
Parties
Crown: Regina; Accused: Dustin Wade Jewell Anderson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 December 2014
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Accused convicted and sentenced to custody and probation with ancillary orders.
Legal Topics
Riot (s.65 Criminal Code), Assault (s.266 Criminal Code), Assaulting a Peace Officer (s.270(1) Criminal Code), Pre Trial Custody Credit, Probation and Ancillary Orders, Weapons Prohibition, DNA Order, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Riot (s.65 Criminal Code) Assault (s.266 Criminal Code) Assaulting a Peace Officer (s.270(1) Criminal Code) Pre Trial Custody Credit Probation and Ancillary Orders Weapons Prohibition +2 more

Case Brief

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Parties

Regina

Crown

Dustin Wade Jewell Anderson

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate global sentence for participation in a riot and related assaults
  2. 2 Whether a conditional sentence order is appropriate
  3. 3 Appropriate credit for pre-trial custody

Ratio Decidendi

Given Anderson's active participation in multiple riot locations, commission of two assaults on emergency personnel while on probation and intoxicated, his significant and continuing criminal record, and lack of confidence in his ability to comply with conditions, a custodial sentence was necessary for denunciation and deterrence; conditional sentence rejected and custody imposed (15 months on riot count reduced by 5.5 months pre-trial credit; concurrent 8 months on assault counts), followed by 18 months' probation and ancillary orders including a 10‑year weapons prohibition; no DNA order and no victim fine surcharge imposed.

Court Disposition

Accused convicted and sentenced to custody and probation with ancillary orders.

Orders

  • 10‑year weapons prohibition pursuant to s.110 Criminal Code.
  • No DNA order made in the circumstances of this case.