R. v. Doherty

R. v. Doherty

Given the mandatory five-year minimum, the comparable, not greater, role of Doherty relative to co-accused, his cooperation, guilty plea and pre-trial custody credit, the appropriate effective sentence is five years; with 42 months credit for 21 months served, actual custody to be imposed is 18 months; make lifetime weapons prohibition under s.109 and order DNA sample; waive victim surcharge.

Citation
2011 BCSC 462
Parties
Crown: Regina; Accused: Daniel Brent Doherty
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 February 2011
Procedural Posture
Criminal: Robbery With Restricted Firearm (s.344(1)(a) Criminal Code) / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to an effective five years imprisonment; 42 months credit for pre-sentence custody resulting in an actual sentence of 18 months; lifetime weapons prohibition under s.109; DNA sample order; victim surcharge waived.
Legal Topics
Robbery, Home Invasion, Mandatory Minimum Sentence, Pre Trial Custody Credit, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Sentencing Robbery Home Invasion Mandatory Minimum Sentence Pre Trial Custody Credit DNA Order Weapons Prohibition

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Parties

Regina

Crown

Daniel Brent Doherty

Accused

Procedural Posture

Criminal: Robbery With Restricted Firearm (s.344(1)(a) Criminal Code) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What is a fit and proper sentence for robbery using a restricted firearm (home invasion)
  2. 2 Application of the mandatory minimum five-year sentence under s.344(1)(a)
  3. 3 Appropriate credit for pre-trial custody

Ratio Decidendi

Given the mandatory five-year minimum, the comparable, not greater, role of Doherty relative to co-accused, his cooperation, guilty plea and pre-trial custody credit, the appropriate effective sentence is five years; with 42 months credit for 21 months served, actual custody to be imposed is 18 months; make lifetime weapons prohibition under s.109 and order DNA sample; waive victim surcharge.

Court Disposition

Accused sentenced to an effective five years imprisonment; 42 months credit for pre-sentence custody resulting in an actual sentence of 18 months; lifetime weapons prohibition under s.109; DNA sample order; victim surcharge waived.

Orders

  • Effective sentence of five years imprisonment.
  • Credit of 42 months for 21 months pre-trial custody resulting in actual custody of 18 months.