R. v. Forsythe

R. v. Forsythe

Given the seriousness of a robbery involving a threatened firearm, the offender's criminal history, lack of remorse and recent violent offending, custody is required; applying the principle of totality reduced the appropriate sentence to two years imprisonment, with a lifetime firearms prohibition and a DNA order; victim surcharge waived.

Citation
2013 BCSC 1576
Parties
Crown: Regina; Accused: Shawn Bradley Forsythe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 June 2013
Procedural Posture
Criminal Robbery / Sentencing (oral Reasons)
Outcome
Sentenced to two years imprisonment consecutive to the sentence currently being served; lifetime firearms prohibition under s.109 Criminal Code; order to provide DNA sample(s); victim surcharge waived.
Legal Topics
Robbery, Pretended Firearm, Sentencing Principles, Totality Principle, Firearms Prohibition, DNA Order, General Deterrence
Source Language
English
Criminal Law Sentencing Law Robbery Pretended Firearm Sentencing Principles Totality Principle Firearms Prohibition DNA Order +1 more

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Parties

Regina

Crown

Shawn Bradley Forsythe

Accused

Procedural Posture

Criminal Robbery / Sentencing (oral Reasons)

Legal Issues

  1. 1 What is a fit sentence for robbery involving a pretended firearm
  2. 2 Application of the totality principle given a recent related sentence
  3. 3 Whether firearms prohibition and DNA orders should be imposed

Ratio Decidendi

Given the seriousness of a robbery involving a threatened firearm, the offender's criminal history, lack of remorse and recent violent offending, custody is required; applying the principle of totality reduced the appropriate sentence to two years imprisonment, with a lifetime firearms prohibition and a DNA order; victim surcharge waived.

Court Disposition

Sentenced to two years imprisonment consecutive to the sentence currently being served; lifetime firearms prohibition under s.109 Criminal Code; order to provide DNA sample(s); victim surcharge waived.

Orders

  • Imprisonment for two years to be served in addition to sentence currently being served
  • Lifetime firearms prohibition under s.109 Criminal Code