R. v. Friesen

Court accepted the joint submission and imposed time served for Count 1 and the one year mandatory custodial sentence for Count 2 under s.85(2) of the Criminal Code and ordered a DNA sample as required for a primary offence.

Citation: 2013 BCSC 1807
Parties: Crown: Regina; Accused: Shelley Pauline Friesen
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 19 August 2013
Procedural Posture: Criminal / Sentencing (oral Reasons for Sentence)
Outcome: Accused convicted and sentenced: Count 1 time served; Count 2 one-year custodial sentence (mandatory minimum under s.85(2)); DNA sample ordered.
Legal Topics: Robbery, Imitation Firearm, Sentencing, Mandatory Minimum Sentence, DNA Order, Guilty Plea
Source Language: English

Criminal Law Robbery Imitation Firearm Sentencing Mandatory Minimum Sentence DNA Order Guilty Plea

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Regina

Crown

Shelley Pauline Friesen

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

1 Whether to accept the joint submission on sentence
2 Application of s.85(2) Criminal Code mandatory minimum for robbery with an imitation firearm
3 Appropriate disposition for Count 1 (robbery) and Count 2 (robbery with imitation firearm)

Ratio Decidendi

Court Disposition

Accused convicted and sentenced: Count 1 time served; Count 2 one-year custodial sentence (mandatory minimum under s.85(2)); DNA sample ordered.

Orders

Count 1 (robbery): time served.
Count 2 (robbery with imitation firearm): one year custody (mandatory minimum under s.85(2) of the Criminal Code).