R. v. Soderberg

R. v. Soderberg

Judge determined, consistent with jury findings, that accused invited the assailants but was not present for or directly involved in the violent assault; given serious aggravating factors but strong mitigation and clear rehabilitation prospects, a conditional sentence of two years less a day served in the community with stringent conditions and three years probation was fit and proper; ancillary orders (DNA, firearms prohibition, victim fine surcharge, community service) were warranted.

Citation
2014 BCSC 436
Parties
Crown: Regina; Accused: Ruth Evelyn Soderberg
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 February 2014
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Conviction for robbery; conditional sentence of two years less a day to be served in the community; three years probation to follow
Legal Topics
Robbery, Unlawful Confinement, Sentencing, Conditional Sentence, Rehabilitation, Victim Fine Surcharge, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Robbery Unlawful Confinement Sentencing Conditional Sentence Rehabilitation Victim Fine Surcharge DNA Order +1 more

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Parties

Regina

Crown

Ruth Evelyn Soderberg

Accused

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 What factual findings are permissible on sentencing after a jury verdict with acquittal on related charge
  2. 2 Whether accused's conduct amounted to instigation or participation in violent robbery
  3. 3 Appropriate sentencing range and whether a conditional sentence is fit given aggravating and mitigating factors

Ratio Decidendi

Judge determined, consistent with jury findings, that accused invited the assailants but was not present for or directly involved in the violent assault; given serious aggravating factors but strong mitigation and clear rehabilitation prospects, a conditional sentence of two years less a day served in the community with stringent conditions and three years probation was fit and proper; ancillary orders (DNA, firearms prohibition, victim fine surcharge, community service) were warranted.

Court Disposition

Conviction for robbery; conditional sentence of two years less a day to be served in the community; three years probation to follow

Orders

  • Conditional sentence of two years less a day to be served in the community pursuant to s.742.3(1) of the Criminal Code
  • Report immediately to conditional sentence supervisor and within 72 hours and thereafter as directed