R. v. Rousseau

R. v. Rousseau

The court found the accused guilty at trial and, applying sentencing principles including consideration of Gladue/Ipeelee, concluded that a global custodial sentence of two years' imprisonment on each count to be served concurrently was fit given the two robberies, disguise, premeditation and real threat to vulnerable lone clerks; Aboriginal heritage had minimal mitigating impact on culpability; credit of six months and two weeks was awarded for time served resulting in 17.5 months additional custody; two years' probation with specified terms was imposed; ancillary orders (DNA sample under s.487.051, weapons prohibition for 15 years from release under s.109, forfeiture of seized items...

Citation
2016 BCSC 1593
Parties
Crown: Regina; Accused: Frederick Richard Rousseau
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 June 2016
Procedural Posture
Criminal (robbery) / Sentencing
Outcome
Sentence imposed: two years' imprisonment on each count to be served concurrently; credit for time served of six months and two weeks resulting in 17.5 months of additional custody; two years' probation with specified terms; ancillary orders including DNA, weapons prohibition and forfeiture; victim fine surcharge...
Legal Topics
Robbery, Sentencing Principles, Gladue/ipeelee Considerations, Ancillary Orders (dna, Forfeiture, Weapons Prohibition), Credit for Time Served, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Robbery Sentencing Principles Gladue/ipeelee Considerations Ancillary Orders (dna, Forfeiture, Weapons Prohibition) Credit for Time Served Victim Fine Surcharge

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Parties

Regina

Crown

Frederick Richard Rousseau

Accused

Procedural Posture

Criminal (robbery) / Sentencing

Legal Issues

  1. 1 Identity of the robber at trial
  2. 2 Appropriate sentence for two robberies involving threats with a syringe
  3. 3 Application of s.718.2(e) Gladue/Ipeelee principles to an Aboriginal offender with limited family history

Ratio Decidendi

The court found the accused guilty at trial and, applying sentencing principles including consideration of Gladue/Ipeelee, concluded that a global custodial sentence of two years' imprisonment on each count to be served concurrently was fit given the two robberies, disguise, premeditation and real threat to vulnerable lone clerks; Aboriginal heritage had minimal mitigating impact on culpability; credit of six months and two weeks was awarded for time served resulting in 17.5 months additional custody; two years' probation with specified terms was imposed; ancillary orders (DNA sample under s.487.051, weapons prohibition for 15 years from release under s.109, forfeiture of seized items...

Court Disposition

Sentence imposed: two years' imprisonment on each count to be served concurrently; credit for time served of six months and two weeks resulting in 17.5 months of additional custody; two years' probation with specified terms; ancillary orders including DNA, weapons prohibition and forfeiture; victim fine surcharge...

Orders

  • Two years' imprisonment on each count to be served concurrently
  • Credit for time served of six months and two weeks (resulting in 17.5 months additional custody)