R. V. Mariash

R. V. Mariash

The court balanced the need for denunciation and deterrence because this was a home invasion robbery against the demonstrable rehabilitation efforts, remorse and limited planning role of the offender. Given her cooperation, guilty plea, dated prior record and concrete steps toward sobriety and employment, the court imposed a custodial but mitigated intermittent sentence (90 days served on consecutive weekends with 24 days credit resulting in 66 days remaining) to achieve denunciation/deterrence while promoting rehabilitation; mandatory ancillary orders (lifetime firearms prohibition, DNA sample, victim surcharge) were imposed as required by statute.

Citation
2016 BCSC 759
Parties
Crown: Regina; Accused: Christy Dawn Mariash
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 February 2016
Procedural Posture
Criminal Robbery (s.344 Criminal Code) / Sentencing (reasons for Sentence)
Outcome
Guilty plea accepted; offender sentenced to 90 days intermittent custody (weekends) with 24 days credit (66 days remaining); probation for two years; lifetime firearms prohibition; DNA order; $200 victim surcharge.
Legal Topics
Robbery, Home Invasion, Sentencing, Intermittent Sentence, Probation, Ancillary Orders, Drug Addiction and Rehabilitation
Source Language
English
Criminal Law Robbery Home Invasion Sentencing Intermittent Sentence Probation Ancillary Orders Drug Addiction and Rehabilitation

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Parties

Regina

Crown

Christy Dawn Mariash

Accused

Procedural Posture

Criminal Robbery (s.344 Criminal Code) / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for robbery involving a home invasion
  2. 2 Proper weight to accord offender's limited role and lack of planning
  3. 3 Balancing denunciation and deterrence against rehabilitation

Ratio Decidendi

The court balanced the need for denunciation and deterrence because this was a home invasion robbery against the demonstrable rehabilitation efforts, remorse and limited planning role of the offender. Given her cooperation, guilty plea, dated prior record and concrete steps toward sobriety and employment, the court imposed a custodial but mitigated intermittent sentence (90 days served on consecutive weekends with 24 days credit resulting in 66 days remaining) to achieve denunciation/deterrence while promoting rehabilitation; mandatory ancillary orders (lifetime firearms prohibition, DNA sample, victim surcharge) were imposed as required by statute.

Court Disposition

Guilty plea accepted; offender sentenced to 90 days intermittent custody (weekends) with 24 days credit (66 days remaining); probation for two years; lifetime firearms prohibition; DNA order; $200 victim surcharge.

Orders

  • Mandatory lifetime firearms prohibition pursuant to s.109(3) Criminal Code
  • Provide bodily samples for forensic DNA analysis pursuant to s.487.051(1) Criminal Code (to be completed at commencement of intermittent sentence)