R. v. Toews

R. v. Toews

Custody was required: the offender actively participated in a series of violent and repeated robberies, showed ongoing substance abuse and no demonstrated rehabilitative effort, and had minimal connection to Aboriginal community supports; accordingly a low‑end federal sentence of two years' imprisonment is appropriate, followed by three years' probation with specific conditions, and ancillary orders (weapons ban and DNA sample).

Citation
2013 BCSC 2474
Parties
Crown: Regina; Accused: Ashley Diane Toews
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 December 2013
Procedural Posture
Criminal Robbery and Counselling / Sentencing (oral Reasons)
Outcome
Guilty. Sentence imposed: 2 years custody followed by 3 years probation.
Legal Topics
Robbery, Counselling an Offence, Conditional Sentence, Gladue Principles, Denunciation and Deterrence, Weapons Ban, DNA Order
Source Language
English
Criminal Law Sentencing Aboriginal Law Robbery Counselling an Offence Conditional Sentence Gladue Principles Denunciation and Deterrence +2 more

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 4 Authorities cited 38 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

Ashley Diane Toews

Accused

Procedural Posture

Criminal Robbery and Counselling / Sentencing (oral Reasons)

Legal Issues

  1. 1 What is a fit and proper sentence for multiple robberies and counselling offences
  2. 2 Whether Gladue/Ipeelee principles and s.718.2(e) require a non‑custodial or reduced sentence
  3. 3 Whether a conditional sentence or suspended sentence is appropriate

Ratio Decidendi

Custody was required: the offender actively participated in a series of violent and repeated robberies, showed ongoing substance abuse and no demonstrated rehabilitative effort, and had minimal connection to Aboriginal community supports; accordingly a low‑end federal sentence of two years' imprisonment is appropriate, followed by three years' probation with specific conditions, and ancillary orders (weapons ban and DNA sample).

Court Disposition

Guilty. Sentence imposed: 2 years custody followed by 3 years probation.

Orders

  • Custody: 2 years imprisonment.
  • Probation for 3 years with terms: keep the peace and be of good behaviour; report to a probation officer within 24 hours of release and thereafter as required; reside in a residence approved by the probation officer; have no contact with Jesse Labach; attend and participate in the Tsow-Tun Le Lum Aboriginal...