R. v. Phillips

R. v. Phillips

The court held that s.85(4) requires that sentences for imitation firearm offences be consecutive to each other and to other sentences, and that pre-sentence custody credit must be calculated by first subtracting non-creditable custody days and then applying the 1.5 multiplier; applying these principles the judge allowed 350 eligible days credit multiplied by 1.5 to yield 525 days credit and imposed aggregate custodial sentences of four counts of 234 days consecutive, total 936 days, with ancillary orders.

Citation
2016 BCSC 2522
Parties
Crown: Regina; Accused: James Albert Phillips; Co Accused: Melissa Anne Lunt
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2016
Procedural Posture
Criminal (robbery; Use of Imitation Firearm) / Sentencing (oral Reasons for Sentence)
Outcome
Accused James Albert Phillips sentenced to a total of 936 days' imprisonment to be served consecutively after applying 525 days of pre-sentence custody credit; ancillary orders made and other counts stayed by Crown.
Legal Topics
Robbery, Use of Imitation Firearm (s.85 Criminal Code), Pre Sentence Custody Credit (1.5 Ratio), Gladue Factors, Consecutive Vs Concurrent Sentences, Denunciation and Deterrence, Remission Calculation
Source Language
English
Criminal Law Sentencing Aboriginal Law (gladue) Firearms Offences Robbery Use of Imitation Firearm (s.85 Criminal Code) Pre Sentence Custody Credit (1.5 Ratio) Gladue Factors +3 more

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Parties

Regina

Crown

James Albert Phillips

Accused

Melissa Anne Lunt

Co Accused

Procedural Posture

Criminal (robbery; Use of Imitation Firearm) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether sentences for offences under s.85(1)/(2) must be consecutive to each other and to underlying offences
  2. 2 Method for calculating pre-sentence custody credit and whether to apply 1.5 multiplier before or after subtracting non‑creditable days
  3. 3 Role and weight of Gladue factors in sentencing an aboriginal offender

Ratio Decidendi

The court held that s.85(4) requires that sentences for imitation firearm offences be consecutive to each other and to other sentences, and that pre-sentence custody credit must be calculated by first subtracting non-creditable custody days and then applying the 1.5 multiplier; applying these principles the judge allowed 350 eligible days credit multiplied by 1.5 to yield 525 days credit and imposed aggregate custodial sentences of four counts of 234 days consecutive, total 936 days, with ancillary orders.

Court Disposition

Accused James Albert Phillips sentenced to a total of 936 days' imprisonment to be served consecutively after applying 525 days of pre-sentence custody credit; ancillary orders made and other counts stayed by Crown.

Orders

  • On Indictment 64272-2 Count 1: 234 days' imprisonment
  • On Indictment 64272-2 Count 4: 234 days' imprisonment consecutive to Count 1