R. v. Desmond

R. v. Desmond

Court imposed concurrent 90-day jail sentences to be served intermittently, two-year probation with specified additional conditions, mandatory DNA samples and weapons prohibitions (life for Desmond, ten years for Robinson), and refused to waive victim fine surcharges. The sentence balanced rehabilitation with denunciation and general deterrence and declined differential treatment because both were co-principals and no compelling distinction justified different sentences.

Citation
2011 BCSC 1858
Parties
Crown: Regina; Accused: Terrel Vincent Desmond; Accused: Justin Daniel Horsleben Robinson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 October 2011
Procedural Posture
Criminal Robbery / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted; sentenced to concurrent 90-day jail terms to be served intermittently, two-year probation, DNA and weapons prohibitions, victim fine surcharges not waived.
Legal Topics
Robbery, Intermittent Sentence, Probation Conditions, DNA Orders, Weapons Prohibition, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Robbery Intermittent Sentence Probation Conditions DNA Orders Weapons Prohibition Victim Fine Surcharge

Case Brief

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Parties

Regina

Crown

Terrel Vincent Desmond

Accused

Justin Daniel Horsleben Robinson

Accused

Procedural Posture

Criminal Robbery / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for robbery simpliciter committed by co-principals
  2. 2 Whether differing treatment between co-principals is justified given personal circumstances
  3. 3 Appropriateness of intermittent imprisonment and its limits

Ratio Decidendi

Court imposed concurrent 90-day jail sentences to be served intermittently, two-year probation with specified additional conditions, mandatory DNA samples and weapons prohibitions (life for Desmond, ten years for Robinson), and refused to waive victim fine surcharges. The sentence balanced rehabilitation with denunciation and general deterrence and declined differential treatment because both were co-principals and no compelling distinction justified different sentences.

Court Disposition

Accused convicted; sentenced to concurrent 90-day jail terms to be served intermittently, two-year probation, DNA and weapons prohibitions, victim fine surcharges not waived.

Orders

  • Each accused sentenced to 90 days' jail on each count, sentences to run concurrently, to be served intermittently.
  • Sentences to be served on consecutive weekends commencing October 14, 2011 until the aggregate equals 90 days; exempt December 23, 24 and 25, 2011.