R. v. Rice

R. v. Rice

The court accepted the joint submission of a 34-month custodial sentence as fit given the gravity of the violent, planned robbery, the aggravating and mitigating factors weighed against comparable precedent (R. v. Gill), ordered statutory ancillary measures (DNA sampling and lifetime weapons prohibition), and applied a 481-day credit for pre-trial custody.

Citation
2014 BCSC 1398
Parties
Crown: Regina; Accused: Damian William Rice
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 May 2014
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentence imposed of 34 months' imprisonment on each count to be served concurrently, less 481 days' credit; ancillary orders made.
Legal Topics
Robbery, Masking Identity S.351 Criminal Code, DNA Order S.487.051, Weapons Prohibition S.109(2)(a), Pre Trial Custody Credit, Joint Sentencing Submission
Source Language
English
Criminal Law Sentencing Evidence Corrections Robbery Masking Identity S.351 Criminal Code DNA Order S.487.051 Weapons Prohibition S.109(2)(a) +2 more

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Parties

Regina

Crown

Damian William Rice

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for robbery with masked offender
  2. 2 Whether to accept joint submission on sentence
  3. 3 Quantum of pre-trial custody credit

Ratio Decidendi

The court accepted the joint submission of a 34-month custodial sentence as fit given the gravity of the violent, planned robbery, the aggravating and mitigating factors weighed against comparable precedent (R. v. Gill), ordered statutory ancillary measures (DNA sampling and lifetime weapons prohibition), and applied a 481-day credit for pre-trial custody.

Court Disposition

Guilty plea accepted; sentence imposed of 34 months' imprisonment on each count to be served concurrently, less 481 days' credit; ancillary orders made.

Orders

  • Custodial sentence of 34 months on each count to be served concurrently, less 481 days credit for time served
  • Order that DNA samples be taken pursuant to s.487.051 of the Criminal Code