R. v. Odea

R. v. Odea

The appropriate sentence is four years and six months imprisonment with pre-trial custody credited at a two-for-one ratio for 21.5 months (43 months credit) leaving eleven months custody remaining; the sentence reflects the accused's extensive robbery record (17 robberies including this offence), need for denunciation and deterrence, but also mitigation for horrific childhood, addiction, remorse and harsh pre-trial conditions insufficient to justify three-for-one credit. Ancillary orders include two years probation with specific terms, a DNA order under s.487.051(1) and a lifetime firearms/weapon prohibition under s.109(3).

Citation
2010 BCSC 1906
Parties
Crown: Regina; Accused: Tamara Maria Anne Odea; Accused: Paul Gordon Olsen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 December 2010
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Guilty conviction on robbery (jury conviction) sentenced to imprisonment
Legal Topics
Robbery, Aiding and Abetting, Pre Trial Custody Credit, Parity, Probation, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Robbery Aiding and Abetting Pre Trial Custody Credit Parity Probation DNA Order +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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

Tamara Maria Anne Odea

Accused

Paul Gordon Olsen

Accused

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for robbery where accused was party to offence (aiding and abetting)
  2. 2 Whether pre-trial custody should be credited at a greater than two-for-one ratio due to conditions
  3. 3 Parity between co-accused sentences

Ratio Decidendi

The appropriate sentence is four years and six months imprisonment with pre-trial custody credited at a two-for-one ratio for 21.5 months (43 months credit) leaving eleven months custody remaining; the sentence reflects the accused's extensive robbery record (17 robberies including this offence), need for denunciation and deterrence, but also mitigation for horrific childhood, addiction, remorse and harsh pre-trial conditions insufficient to justify three-for-one credit. Ancillary orders include two years probation with specific terms, a DNA order under s.487.051(1) and a lifetime firearms/weapon prohibition under s.109(3).

Court Disposition

Guilty conviction on robbery (jury conviction) sentenced to imprisonment

Orders

  • Custodial sentence of four years and six months (54 months)
  • Credit for pre-trial custody at two-for-one for 21.5 months (43 months credit) resulting in eleven months remaining to serve