R. v. Teskey

R. v. Teskey

Accused convicted of robbery with a weapon; pre-trial custody of 5.5 months credited at double value to equal 11 months; appropriate global sentence is 22 months with remaining 11 months to be served as a conditional sentence because the court was satisfied community safety would not be endangered and that restorative and punitive objectives would be met by a supervised community disposition; imposed mandatory and additional conditions and a ten year firearm prohibition.

Citation
2000 BCSC 627
Parties
Crown: Regina; Accused: James Edward Teskey
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 April 2000
Procedural Posture
Criminal / Trial and Sentencing
Outcome
Accused found guilty; sentenced to a global term of 22 months imprisonment with 11 months credited as time served; remaining 11 months to be served as a conditional sentence in the community; ten year prohibition on possessing firearms, ammunition or explosives.
Legal Topics
Robbery, Conditional Sentence, Pre Trial Custody Credit, Sentencing Principles, Firearm Prohibition
Source Language
English
Criminal Law Robbery Conditional Sentence Pre Trial Custody Credit Sentencing Principles Firearm Prohibition

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Parties

Regina

Crown

James Edward Teskey

Accused

Procedural Posture

Criminal / Trial and Sentencing

Legal Issues

  1. 1 Appropriate sentence for armed robbery
  2. 2 Whether pre-trial custody should be credited and amount of credit
  3. 3 Whether a conditional sentence is appropriate given denunciation and deterrence considerations and community safety

Ratio Decidendi

Accused convicted of robbery with a weapon; pre-trial custody of 5.5 months credited at double value to equal 11 months; appropriate global sentence is 22 months with remaining 11 months to be served as a conditional sentence because the court was satisfied community safety would not be endangered and that restorative and punitive objectives would be met by a supervised community disposition; imposed mandatory and additional conditions and a ten year firearm prohibition.

Court Disposition

Accused found guilty; sentenced to a global term of 22 months imprisonment with 11 months credited as time served; remaining 11 months to be served as a conditional sentence in the community; ten year prohibition on possessing firearms, ammunition or explosives.

Orders

  • Credit pre-trial custody of 5.5 months as 11 months.
  • Impose global sentence of 22 months with remaining 11 months to be served as a conditional sentence.