R. v. MacIsaac

R. v. MacIsaac

Given the violent, premeditated robbery at an ATM with an imitation firearm, the accused's extensive and repetitive criminal record including prior robberies, and the need for denunciation, deterrence and public protection, a global custodial sentence of seven years was appropriate (5.5 years for robbery, 18 months consecutive for s.85(4) firearm count, 4 months concurrent for possession). Applying Summers enhanced credit of 1.5 days per day for 650 days remand produced 975 days (32.5 months) credit, resulting in an effective custodial term to be served of four years and three months. Ancillary orders (weapons prohibitions, DNA, forfeiture, victim surcharge) were also appropriate.

Citation
2014 BCSC 2548
Parties
Crown: Regina; Accused: Ryan Hugh Mack MacIsaac
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 December 2014
Procedural Posture
Criminal Robbery With Weapon and Related Offences / Sentencing (oral Reasons for Sentence)
Outcome
Global sentence of seven years custody imposed; after enhanced pre-sentence credit of 975 days (1.5 days per day for 650 days remand), effective sentence to be served is four years and three months commencing December 18, 2014.
Legal Topics
Robbery, Use of Imitation Firearm, Pre Sentence Custody Credit, Denunciation and Deterrence, Forfeiture, DNA Order, Victim Surcharge
Source Language
English
Criminal Law Sentencing Firearms and Weapons Law Controlled Substances Robbery Use of Imitation Firearm Pre Sentence Custody Credit Denunciation and Deterrence +3 more

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Parties

Regina

Crown

Ryan Hugh Mack MacIsaac

Accused

Procedural Posture

Criminal Robbery With Weapon and Related Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What is a fit and proper sentence for robbery involving an imitation firearm and physical violence at an ATM by a repeat offender?
  2. 2 Whether and how to apply enhanced pre-sentence custody credit under R. v. Summers
  3. 3 Application of mandatory consecutive minimum under s.85(4) Criminal Code

Ratio Decidendi

Given the violent, premeditated robbery at an ATM with an imitation firearm, the accused's extensive and repetitive criminal record including prior robberies, and the need for denunciation, deterrence and public protection, a global custodial sentence of seven years was appropriate (5.5 years for robbery, 18 months consecutive for s.85(4) firearm count, 4 months concurrent for possession). Applying Summers enhanced credit of 1.5 days per day for 650 days remand produced 975 days (32.5 months) credit, resulting in an effective custodial term to be served of four years and three months. Ancillary orders (weapons prohibitions, DNA, forfeiture, victim surcharge) were also appropriate.

Court Disposition

Global sentence of seven years custody imposed; after enhanced pre-sentence credit of 975 days (1.5 days per day for 650 days remand), effective sentence to be served is four years and three months commencing December 18, 2014.

Orders

  • Count 1 (Robbery): 5 years and 6 months custody
  • Count 2 (Use of imitation firearm while committing robbery - s.85(4)): 18 months custody, to be served consecutive to Count 1