R. v. Nilsson

R. v. Nilsson

Applying the step-up principle due to repeated robberies while on parole and the need for denunciation, deterrence and public protection, the court imposed seven years' custody on each robbery count to run consecutively but reduced the aggregate sentence to eight years under the totality principle; one-for-one credit for 463 days pre-trial custody was awarded; DNA order and lifetime firearms/weapons prohibition under s.109 were imposed.

Citation
2012 BCSC 320
Parties
Crown: Regina; Accused: Trevor Allan Nilsson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 January 2012
Procedural Posture
Criminal Robbery / Sentencing After Conviction
Outcome
Accused convicted and sentenced to an aggregate custodial term of eight years with one-for-one credit of 463 days; DNA order and lifetime weapons prohibition imposed.
Legal Topics
Robbery, Sentencing, Totality Principle, Consecutive Sentences, Pre Trial Custody Credit, Truth in Sentencing Act, Weapons Prohibition, DNA Order
Source Language
English
Criminal Law Robbery Sentencing Totality Principle Consecutive Sentences Pre Trial Custody Credit Truth in Sentencing Act Weapons Prohibition +1 more

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Parties

Regina

Crown

Trevor Allan Nilsson

Accused

Procedural Posture

Criminal Robbery / Sentencing After Conviction

Legal Issues

  1. 1 Appropriate length of sentence for two bank robberies
  2. 2 Whether sentences should be concurrent or consecutive
  3. 3 Application of the step-up principle for repeat robberies

Ratio Decidendi

Applying the step-up principle due to repeated robberies while on parole and the need for denunciation, deterrence and public protection, the court imposed seven years' custody on each robbery count to run consecutively but reduced the aggregate sentence to eight years under the totality principle; one-for-one credit for 463 days pre-trial custody was awarded; DNA order and lifetime firearms/weapons prohibition under s.109 were imposed.

Court Disposition

Accused convicted and sentenced to an aggregate custodial term of eight years with one-for-one credit of 463 days; DNA order and lifetime weapons prohibition imposed.

Orders

  • Seven-year custodial sentence on each robbery count (TD Bank and CIBC) to run consecutively
  • Aggregate global sentence reduced to eight years pursuant to the totality principle