R. v. Jeff

R. v. Jeff

Court imposed custodial sentences reflecting seriousness of robbery and relevant aggravating/mitigating factors while giving effect to Gladue principles and pre-trial custody credit: Mitchell Jeff sentenced to two years less a day (record to reflect that sentence) with credit for 256 days at 2:1 resulting in an actual custodial term of approximately 6.5 months served, followed by two years probation with specific conditions; Bradley Stump sentenced to 6.5 months custody (reflecting same credit) followed by two years probation with specific conditions. Orders include 10-year weapons prohibition, DNA sample, reporting and program participation; victim fine surcharge waived for Jeff.

Citation
2010 BCSC 1800
Parties
Crown: Regina; Accused: Mitchell Nicholas Jeff; Accused: Kurtis Justin Billy; Accused: Bradley Edward Stump
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 November 2010
Procedural Posture
Criminal / Sentencing
Outcome
Sentence pronounced
Legal Topics
Robbery, Possession of Stolen Property, Possession of Weapon, Wearing a Mask During an Offence, Pre Trial Custody Credit, Probation Conditions, Weapons Prohibition, DNA Order, Restorative Justice
Source Language
English
Criminal Law Sentencing Indigenous Sentencing / Gladue Robbery Possession of Stolen Property Possession of Weapon Wearing a Mask During an Offence Pre Trial Custody Credit +4 more

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Parties

Regina

Crown

Mitchell Nicholas Jeff

Accused

Kurtis Justin Billy

Accused

Bradley Edward Stump

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the fit sentence for robbery and related offences?
  2. 2 How should Gladue factors affect sentencing for Indigenous offenders?
  3. 3 What pre-trial custody credit should be applied given the law change?

Ratio Decidendi

Court imposed custodial sentences reflecting seriousness of robbery and relevant aggravating/mitigating factors while giving effect to Gladue principles and pre-trial custody credit: Mitchell Jeff sentenced to two years less a day (record to reflect that sentence) with credit for 256 days at 2:1 resulting in an actual custodial term of approximately 6.5 months served, followed by two years probation with specific conditions; Bradley Stump sentenced to 6.5 months custody (reflecting same credit) followed by two years probation with specific conditions. Orders include 10-year weapons prohibition, DNA sample, reporting and program participation; victim fine surcharge waived for Jeff.

Court Disposition

Sentence pronounced

Orders

  • Mitchell Nicholas Jeff: sentence of two years less a day (to be shown on warrant); actual custodial term adjusted to approximately 6.5 months by applying 2 days credit per day served; followed by two years probation
  • Bradley Edward Stump: sentence of approximately 6.5 months custody (reflecting credit) followed by two years probation