R. v. Sauls

R. v. Sauls

Although aggravating factors (assault on a vulnerable 67-year-old taxi driver, injury, remote location and lengthy criminal record) justified a significant custodial sentence, the trial judge gave substantial weight to Gladue factors and the offender's rehabilitative prospects; she imposed a custodial sentence lower than Crown's submission, credited pre-disposition custody (10.5 months), sentenced to an effective 17 months and two weeks for robbery, concurrent 4 months for the breach, and imposed probation and ancillary orders (DNA, 10-year firearms prohibition, no-contact, alcohol/drug prohibition, curfew, treatment conditions).

Citation
2013 BCSC 2445
Parties
Crown: Regina; Accused: Anthony Isaac Benjamin Sauls
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 August 2013
Procedural Posture
Criminal (robbery and Breach of Recognizance) / Sentencing (oral Reasons)
Outcome
Accused convicted and sentenced: robbery — 17 months and two weeks custody after credit; breach of recognizance — 4 months concurrent; followed by 2 years probation and ancillary orders.
Legal Topics
Robbery, Breach of Recognizance/curfew, Gladue Report and Factors, Denunciation and Deterrence, Probation and Ancillary Orders, Firearms Prohibition, DNA Order, Victim Impact
Source Language
English
Criminal Law Sentencing Indigenous/gladue Law Robbery Breach of Recognizance/curfew Gladue Report and Factors Denunciation and Deterrence Probation and Ancillary Orders +3 more

Case Brief

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Parties

Regina

Crown

Anthony Isaac Benjamin Sauls

Accused

Procedural Posture

Criminal (robbery and Breach of Recognizance) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate term of imprisonment for robbery involving injury to a vulnerable taxi driver
  2. 2 Application and weight of Gladue factors in sentencing an Aboriginal offender with extensive record and addiction
  3. 3 Balancing denunciation, deterrence, rehabilitation and public protection

Ratio Decidendi

Although aggravating factors (assault on a vulnerable 67-year-old taxi driver, injury, remote location and lengthy criminal record) justified a significant custodial sentence, the trial judge gave substantial weight to Gladue factors and the offender's rehabilitative prospects; she imposed a custodial sentence lower than Crown's submission, credited pre-disposition custody (10.5 months), sentenced to an effective 17 months and two weeks for robbery, concurrent 4 months for the breach, and imposed probation and ancillary orders (DNA, 10-year firearms prohibition, no-contact, alcohol/drug prohibition, curfew, treatment conditions).

Court Disposition

Accused convicted and sentenced: robbery — 17 months and two weeks custody after credit; breach of recognizance — 4 months concurrent; followed by 2 years probation and ancillary orders.

Orders

  • Robbery: 17 months and 2 weeks custody (after credit for 10.5 months pre-disposition custody; head sentence would have been 28 months without credit)
  • Breach of recognizance: 4 months custody concurrent