R. v. Feeney

R. v. Feeney

Given the accused's extensive and recent pattern of offending, demonstrated lack of engagement with rehabilitation historically and only limited credit to current assertions of change, the proper sentence fell within the Crown's range; the court imposed 45 months' custody before credit, applied enhanced pre‑sentence custody credit of 1.5:1 equivalent to 10 months, resulting in 35 months' custody. Ancillary orders required by statute were imposed (lifetime s.109 weapons prohibition, DNA sample) and a no‑contact order was made for the victims.

Citation
2015 BCSC 1522
Parties
Crown: Regina; Accused: Rory Richard Francis Feeney
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 July 2015
Procedural Posture
Robbery (criminal) / Sentencing (oral Reasons)
Outcome
Convicted of robbery and sentenced to custody of 35 months (45 months less 10 months credit for time served); ancillary statutory orders imposed.
Legal Topics
Robbery, Aggravating and Mitigating Factors, Credit for Pre‑sentence Custody, Ancillary Orders (firearms Ban, DNA, No‑contact)
Source Language
English
Criminal Law Sentencing Parole and Statutory Release Addiction and Rehabilitation Robbery Aggravating and Mitigating Factors Credit for Pre‑sentence Custody Ancillary Orders (firearms Ban, Dna, No‑contact)

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Parties

Regina

Crown

Rory Richard Francis Feeney

Accused

Procedural Posture

Robbery (criminal) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate length of sentence for robbery with significant prior record
  2. 2 Weight to give drug addiction and claimed rehabilitation
  3. 3 Credibility of accused's stated intent to rehabilitate

Ratio Decidendi

Given the accused's extensive and recent pattern of offending, demonstrated lack of engagement with rehabilitation historically and only limited credit to current assertions of change, the proper sentence fell within the Crown's range; the court imposed 45 months' custody before credit, applied enhanced pre‑sentence custody credit of 1.5:1 equivalent to 10 months, resulting in 35 months' custody. Ancillary orders required by statute were imposed (lifetime s.109 weapons prohibition, DNA sample) and a no‑contact order was made for the victims.

Court Disposition

Convicted of robbery and sentenced to custody of 35 months (45 months less 10 months credit for time served); ancillary statutory orders imposed.

Orders

  • Custody for 45 months less credit for time served (credit 10 months applied) resulting in 35 months' new custody
  • Credit for pre‑sentence custody calculated at 1.5 days per day, equivalent to 10 months