R. v. Quaye

R. v. Quaye

Given the accused's extensive and continuous criminal record, the commission of a violent robbery while on probation and within one day of release, and the distinct public interest implicated by evading police, the appropriate sentence is custodial to denounce and deter: 30 months for robbery with credit for 17 months 23 days pre-trial custody, plus a consecutive 3 months for evading police, yielding a combined net sentence of 15 months and 7 days; probation and conditional sentences are inappropriate due to repeated breaches and lack of rehabilitative effect.

Citation
2012 BCSC 1111
Parties
Crown: Regina; Accused: Sean Tyler Quaye
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 July 2012
Procedural Posture
Criminal / Sentencing
Outcome
Accused found guilty of robbery and evading a peace officer; custodial sentence imposed
Legal Topics
Robbery, Evading a Peace Officer, Pre Sentence Custody Credit, Totality Principle, Denunciation and Deterrence, Probation and Conditional Sentences
Source Language
English
Criminal Law Sentencing Robbery Evading a Peace Officer Pre Sentence Custody Credit Totality Principle Denunciation and Deterrence Probation and Conditional Sentences

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Parties

Regina

Crown

Sean Tyler Quaye

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery given prior record and violence
  2. 2 Whether evading a peace officer calls for a consecutive sentence
  3. 3 Extent of credit for pre-sentence custody and application of Truth in Sentencing amendments

Ratio Decidendi

Given the accused's extensive and continuous criminal record, the commission of a violent robbery while on probation and within one day of release, and the distinct public interest implicated by evading police, the appropriate sentence is custodial to denounce and deter: 30 months for robbery with credit for 17 months 23 days pre-trial custody, plus a consecutive 3 months for evading police, yielding a combined net sentence of 15 months and 7 days; probation and conditional sentences are inappropriate due to repeated breaches and lack of rehabilitative effect.

Court Disposition

Accused found guilty of robbery and evading a peace officer; custodial sentence imposed

Orders

  • Robbery: 30 months imprisonment with credit for time served of 17 months and 23 days
  • Evading a peace officer while driving: 3 months imprisonment to be served consecutively to robbery sentence