HMTQ v. Cooper

HMTQ v. Cooper

The appropriate sentence was three and one half years imprisonment after a credit of one year for time served; Gladue considerations were applied but did not materially lessen the sentence given the offender's serious offence while unlawfully at large, extensive criminal record and the need for deterrence, denunciation and public protection. A ten year firearm prohibition was imposed under s.109(1).

Citation
2000 BCSC 746
Parties
Crown: Her Majesty the Queen; Accused: Phillip Thompson Cooper
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 May 2000
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Offender sentenced to imprisonment for three and one half years, with credit for time served of one year; mandatory firearm prohibition for ten years.
Legal Topics
Robbery, Escape From Custody, Sentencing Credit for Time Served, Deterrence and Denunciation, Firearm Prohibition, Gladue Principles
Source Language
English
Criminal Law Sentencing Aboriginal/gladue Robbery Escape From Custody Sentencing Credit for Time Served Deterrence and Denunciation Firearm Prohibition +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Phillip Thompson Cooper

Accused

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery committed while unlawfully at large
  2. 2 Application of s.718.2(e) and Gladue principles to an aboriginal offender
  3. 3 Determination of credit for time served

Ratio Decidendi

The appropriate sentence was three and one half years imprisonment after a credit of one year for time served; Gladue considerations were applied but did not materially lessen the sentence given the offender's serious offence while unlawfully at large, extensive criminal record and the need for deterrence, denunciation and public protection. A ten year firearm prohibition was imposed under s.109(1).

Court Disposition

Offender sentenced to imprisonment for three and one half years, with credit for time served of one year; mandatory firearm prohibition for ten years.

Orders

  • Imprisonment for 3.5 years
  • Credit for time served: 1 year