R. v. Reinke

R. v. Reinke

Given the seriousness of the gang-style robbery, the offender's significant criminal record and limited mitigation, custody was required for denunciation, deterrence and protection of the public; the court accepted the joint submission for the robbery (30 months mitigated by credit to 2 years and 2 days) and imposed a consecutive 60 days for failing to attend, and granted ancillary orders (DNA, lifetime firearms prohibition, victim fine surcharge $200 with time to pay).

Citation
2014 BCSC 1581
Parties
Crown: Regina; Accused: Christopher Leon Reinke
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 July 2014
Procedural Posture
Criminal Robbery and Failure to Attend Court / Sentencing
Outcome
Offender sentenced on guilty pleas to robbery and failing to attend court; global custody of two years and 62 days with ancillary orders.
Legal Topics
Robbery, Failure to Attend Court, Sentencing Principles, Victim Fine Surcharge, DNA Order, Firearms Prohibition, Addiction as Mitigation
Source Language
English
Criminal Law Sentencing Robbery Failure to Attend Court Sentencing Principles Victim Fine Surcharge DNA Order Firearms Prohibition +1 more

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Parties

Regina

Crown

Christopher Leon Reinke

Accused

Procedural Posture

Criminal Robbery and Failure to Attend Court / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery involving violence and weapons discharge
  2. 2 Appropriate sentence for failing to attend court
  3. 3 Application of the totality principle to cumulative sentences

Ratio Decidendi

Given the seriousness of the gang-style robbery, the offender's significant criminal record and limited mitigation, custody was required for denunciation, deterrence and protection of the public; the court accepted the joint submission for the robbery (30 months mitigated by credit to 2 years and 2 days) and imposed a consecutive 60 days for failing to attend, and granted ancillary orders (DNA, lifetime firearms prohibition, victim fine surcharge $200 with time to pay).

Court Disposition

Offender sentenced on guilty pleas to robbery and failing to attend court; global custody of two years and 62 days with ancillary orders.

Orders

  • Robbery: sentence of 30 months adjusted to 2 years and 2 days due to time served credit
  • Fail to attend court: 60 days custody, consecutive to robbery sentence