R. v. Deadder

R. v. Deadder

The court accepted the principled joint submission as fit for Deadder given the gravity, his significant record and aggravating features, imposing the joint-submitted effective sentence of 6.5 years with pre-trial custody applied (resulting in three years' further custody). For Wright the court distinguished his lesser provable role and record and imposed the statutory minimum five-year sentence as fit, applied pre-trial credit resulting in 18 months' further custody, plus a two-year probation and ancillary orders; ancillary DNA and forfeiture orders were lawful under the Criminal Code.

Citation
2011 BCSC 306
Parties
Crown: Regina; Accused: Darren Paul Deadder; Accused: Robert Francis Wright
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 January 2011
Procedural Posture
Criminal Robbery With Firearm / Sentencing (oral Reasons)
Outcome
Sentences imposed consistent with reasons: Deadder three years' imprisonment (effective 6.5 years with pre-trial credit); Wright 18 months' imprisonment (effective 5 years with pre-trial credit), followed by probation and ancillary orders
Legal Topics
Robbery, Home Invasion, Minimum Sentence, Pre Trial Custody Credit, Joint Submission, DNA Order, Forfeiture, Probation Conditions
Source Language
English
Criminal Law Sentencing Firearms Law Robbery Home Invasion Minimum Sentence Pre Trial Custody Credit Joint Submission +3 more

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Parties

Regina

Crown

Darren Paul Deadder

Accused

Robert Francis Wright

Accused

Procedural Posture

Criminal Robbery With Firearm / Sentencing (oral Reasons)

Legal Issues

  1. 1 What is the fit sentence for robbery with a firearm contrary to s.344(1)(a) of the Criminal Code
  2. 2 Whether to accept a joint submission on sentence for one accused
  3. 3 Application of two-for-one pre-trial custody credit

Ratio Decidendi

The court accepted the principled joint submission as fit for Deadder given the gravity, his significant record and aggravating features, imposing the joint-submitted effective sentence of 6.5 years with pre-trial custody applied (resulting in three years' further custody). For Wright the court distinguished his lesser provable role and record and imposed the statutory minimum five-year sentence as fit, applied pre-trial credit resulting in 18 months' further custody, plus a two-year probation and ancillary orders; ancillary DNA and forfeiture orders were lawful under the Criminal Code.

Court Disposition

Sentences imposed consistent with reasons: Deadder three years' imprisonment (effective 6.5 years with pre-trial credit); Wright 18 months' imprisonment (effective 5 years with pre-trial credit), followed by probation and ancillary orders

Orders

  • Darren Paul Deadder: sentenced to three years' imprisonment (pre-trial custody credited on a two-for-one basis to yield an effective sentence of six-and-a-half years)
  • Darren Paul Deadder: prohibited for life from possessing firearms, restricted weapons, ammunition, explosives and prohibited devices