Regina v. Browning

Regina v. Browning

Given the offender's lengthy and continuous criminal record, the use of a knife to threaten vulnerable late‑night workers, and relevant authorities, a global sentence of six years before credit was fit; applying the Parole Act to determine when the prior sentence would have entitled the offender to release required recalculation of earned remission (new eligibility date January 14, 2006), and the court awarded two‑for‑one credit for the applicable custody periods yielding an effective imposed sentence of 48.5 months imprisonment concurrent on all counts with a lifetime firearms prohibition under s.109 of the Criminal Code.

Citation
2006 BCSC 1478
Parties
Crown: Regina; Accused: David Eugene Browning
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2006
Procedural Posture
Criminal Robbery / Sentencing (oral Reasons)
Outcome
Accused sentenced to 48.5 months' imprisonment, concurrent on all counts; lifetime firearms prohibition imposed under s.109 Criminal Code.
Legal Topics
Robbery, Sentencing, Pre Sentence Custody Credit, Parole Revocation, Firearms Prohibition
Source Language
English
Criminal Law Robbery Sentencing Pre Sentence Custody Credit Parole Revocation Firearms Prohibition

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Parties

Regina

Crown

David Eugene Browning

Accused

Procedural Posture

Criminal Robbery / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate global sentence for three robberies committed over two days
  2. 2 Whether and how much credit to award for time spent in custody given parole revocation and warrant expiry
  3. 3 Application and distinction of precedents (R. v. Brogan, MacDonald, Poole, Ward, Gill) to facts

Ratio Decidendi

Given the offender's lengthy and continuous criminal record, the use of a knife to threaten vulnerable late‑night workers, and relevant authorities, a global sentence of six years before credit was fit; applying the Parole Act to determine when the prior sentence would have entitled the offender to release required recalculation of earned remission (new eligibility date January 14, 2006), and the court awarded two‑for‑one credit for the applicable custody periods yielding an effective imposed sentence of 48.5 months imprisonment concurrent on all counts with a lifetime firearms prohibition under s.109 of the Criminal Code.

Court Disposition

Accused sentenced to 48.5 months' imprisonment, concurrent on all counts; lifetime firearms prohibition imposed under s.109 Criminal Code.

Orders

  • Impose imprisonment of 48.5 months, concurrent on all counts
  • Credit awarded equivalent to 712 days pre‑sentence custody [(21+246+89)x2] applied against a six‑year notional sentence