R. v. Swain

R. v. Swain

Court accepted the joint submission as a fit sentence given the multiple robberies, lengthy criminal record, victim impact and mitigating factors; applied double credit of 812 days for pre-trial custody (406 days doubled) and imposed an additional 3 years 10 months imprisonment on Counts 2-5 and six months on Count 7, all concurrent; ordered DNA samples under s.487.051 and a lifetime firearms prohibition under s.109(1) and s.109(3).

Citation
2011 BCSC 1221
Parties
Crown/prosecution: Regina; Accused: Christopher Michael Swain
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 August 2011
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas on Counts 2,3,4,5 and 7; sentence imposed in accordance with joint submission and additional orders made
Legal Topics
Robbery, Possession of Firearm Without Licence, Concurrent Sentences, Pre Trial Custody Credit, Victim Impact Statements, Section 109 Firearm Prohibition, DNA Sample Order
Source Language
English
Criminal Law Sentencing Firearms DNA & Forensic Orders Parole Robbery Possession of Firearm Without Licence Concurrent Sentences +4 more

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Parties

Regina

Crown/prosecution

Christopher Michael Swain

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple robberies and firearm possession
  2. 2 Whether to accept joint submission on sentence
  3. 3 Appropriate credit for pre-trial custody (double credit)

Ratio Decidendi

Court accepted the joint submission as a fit sentence given the multiple robberies, lengthy criminal record, victim impact and mitigating factors; applied double credit of 812 days for pre-trial custody (406 days doubled) and imposed an additional 3 years 10 months imprisonment on Counts 2-5 and six months on Count 7, all concurrent; ordered DNA samples under s.487.051 and a lifetime firearms prohibition under s.109(1) and s.109(3).

Court Disposition

Guilty pleas on Counts 2,3,4,5 and 7; sentence imposed in accordance with joint submission and additional orders made

Orders

  • Additional sentence of 3 years, 10 months imprisonment on each of Counts 2, 3, 4 and 5, all concurrent
  • Sentence of six months imprisonment on Count 7, concurrent with Counts 2-5