R. v. McPherson

R. v. McPherson

The court imposed a custodial sentence of two years less a day in addition to 18 months already served (credited one-for-one), producing an effective sentence of approximately three and a half years, plus three years' probation, because the offender's extensive and cognate record warranted more incarceration than immediate release yet rehabilitation indicators and institutional progress required a measured sentence rather than the Crown's substantially longer term; the step-up principle did not justify the Crown's proposed term to the exclusion of rehabilitation and public protection achievable via supervision.

Citation
2013 BCSC 1416
Parties
Crown: Regina; Accused: Douglas Archer McPherson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 July 2013
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Accused sentenced to two years less a day custody in addition to 18 months already served (credited 1:1), equivalent to an effective three-and-a-half-year sentence, and sentenced to three years' probation; victim fine surcharge waived.
Legal Topics
Robbery, Sentencing, Probation Conditions, Step Up Principle, Rehabilitation, Guilty Plea, Victim Impact
Source Language
English
Criminal Law Robbery Sentencing Probation Conditions Step Up Principle Rehabilitation Guilty Plea Victim Impact

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Parties

Regina

Crown

Douglas Archer McPherson

Accused

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 Appropriate length of incarceration for robbery given extensive prior robbery convictions and recent five-year sentence
  2. 2 Application and weight of the so-called step-up principle
  3. 3 Weight to be given to rehabilitation and institutional progress versus denunciation and deterrence

Ratio Decidendi

The court imposed a custodial sentence of two years less a day in addition to 18 months already served (credited one-for-one), producing an effective sentence of approximately three and a half years, plus three years' probation, because the offender's extensive and cognate record warranted more incarceration than immediate release yet rehabilitation indicators and institutional progress required a measured sentence rather than the Crown's substantially longer term; the step-up principle did not justify the Crown's proposed term to the exclusion of rehabilitation and public protection achievable via supervision.

Court Disposition

Accused sentenced to two years less a day custody in addition to 18 months already served (credited 1:1), equivalent to an effective three-and-a-half-year sentence, and sentenced to three years' probation; victim fine surcharge waived.

Orders

  • Custodial sentence of two years less a day to be served in addition to 18 months already served (credited one-for-one)
  • Three years probation upon release