R. v. Dulude

R. v. Dulude

The robbery was placed at the low end of the scale with limited actual violence; the accused's lengthy record and forensic opinion of medium‑high risk were weighed against an early guilty plea and evidence of rehabilitation potential. Applying R. v. Orr, two‑for‑one credit for pre‑sentence custody was awarded; the appropriate global sentence after credit was six months to be served, achieved by imposing four years on Count 2 and three months concurrent on Count 3 with credit applied. Ancillary orders—three years' probation, lifetime firearm prohibition, and a DNA order—were necessary for public protection and administration of justice; delayed parole eligibility under s.743.6 was not...

Citation
2008 BCSC 510
Parties
Crown: HER MAJESTY THE QUEEN; Accused: LUC RENE DULUDE
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 April 2008
Procedural Posture
Criminal (robbery) / Sentencing
Outcome
Accused sentenced to four years' imprisonment on Count 2 and three months concurrent on Count 3; two‑for‑one pre‑sentence custody credit applied resulting in a remaining global custodial term of six months to be served; three years' probation on release; lifetime firearms prohibition; DNA order; victim fine...
Legal Topics
Robbery, Masked Face Offence (s.351(2)), Pre Sentence Custody Credit, DNA Collection Orders, Firearm Prohibition, Parole Ineligibility (s.743.6), Conditional Sentence Eligibility, Sentencing Disparity/parity
Source Language
English
Criminal Law Sentencing Corrections Robbery Masked Face Offence (s.351(2)) Pre Sentence Custody Credit DNA Collection Orders Firearm Prohibition +3 more

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Parties

HER MAJESTY THE QUEEN

Crown

LUC RENE DULUDE

Accused

Procedural Posture

Criminal (robbery) / Sentencing

Legal Issues

  1. 1 What is the fit sentence for a low‑end robbery committed with masks and minimal violence
  2. 2 How to treat extensive prior record and repeated failure of community sanctions
  3. 3 Appropriate credit for pre‑sentence custody pursuant to R. v. Orr

Ratio Decidendi

The robbery was placed at the low end of the scale with limited actual violence; the accused's lengthy record and forensic opinion of medium‑high risk were weighed against an early guilty plea and evidence of rehabilitation potential. Applying R. v. Orr, two‑for‑one credit for pre‑sentence custody was awarded; the appropriate global sentence after credit was six months to be served, achieved by imposing four years on Count 2 and three months concurrent on Count 3 with credit applied. Ancillary orders—three years' probation, lifetime firearm prohibition, and a DNA order—were necessary for public protection and administration of justice; delayed parole eligibility under s.743.6 was not...

Court Disposition

Accused sentenced to four years' imprisonment on Count 2 and three months concurrent on Count 3; two‑for‑one pre‑sentence custody credit applied resulting in a remaining global custodial term of six months to be served; three years' probation on release; lifetime firearms prohibition; DNA order; victim fine...

Orders

  • Count 2: four years imprisonment
  • Count 3: three months imprisonment, concurrent