R. v. Neigum

R. v. Neigum

Given the violent robbery of a lone vulnerable employee with a knife, the offender's lengthy criminal record and the need for denunciation, deterrence and public protection outweigh rehabilitation; a global sentence of 40 months (Count 1: 40 months; Count 2: 24 months concurrent) is appropriate, with four months pre-trial custody credit resulting in an effective sentence of 36 months; DNA samples ordered and a 10‑year firearms prohibition imposed on Count 1; victim fine surcharge waived.

Citation
2014 BCSC 2177
Parties
Crown: Regina; Accused: Donny Glen Neigum
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 October 2014
Procedural Posture
Criminal Robbery / Sentencing (post Trial)
Outcome
Convicted on Count 1 (robbery with an offensive weapon) and Count 2 (masking with intent); sentenced to a global term of 40 months imprisonment (Count 1: 40 months; Count 2: 24 months concurrent) with 4 months pre-trial custody credit resulting in an effective sentence of 36 months.
Legal Topics
Robbery, Masking With Intent, Sentencing, Pre Trial Custody Credit, DNA Order, Firearms Prohibition, Victim Impact, Drug Addiction
Source Language
English
Criminal Law Robbery Masking With Intent Sentencing Pre Trial Custody Credit DNA Order Firearms Prohibition Victim Impact +1 more

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Parties

Regina

Crown

Donny Glen Neigum

Accused

Procedural Posture

Criminal Robbery / Sentencing (post Trial)

Legal Issues

  1. 1 Appropriate global sentence for robbery with an offensive weapon and masked intent
  2. 2 Weight to be given to denunciation, deterrence, rehabilitation and protection of the public
  3. 3 Appropriate credit for pre-trial custody

Ratio Decidendi

Given the violent robbery of a lone vulnerable employee with a knife, the offender's lengthy criminal record and the need for denunciation, deterrence and public protection outweigh rehabilitation; a global sentence of 40 months (Count 1: 40 months; Count 2: 24 months concurrent) is appropriate, with four months pre-trial custody credit resulting in an effective sentence of 36 months; DNA samples ordered and a 10‑year firearms prohibition imposed on Count 1; victim fine surcharge waived.

Court Disposition

Convicted on Count 1 (robbery with an offensive weapon) and Count 2 (masking with intent); sentenced to a global term of 40 months imprisonment (Count 1: 40 months; Count 2: 24 months concurrent) with 4 months pre-trial custody credit resulting in an effective sentence of 36 months.

Orders

  • Sentence on Count 1: 40 months imprisonment
  • Sentence on Count 2: 24 months imprisonment, to be served concurrently with Count 1