R. v. Al-Isawi

R. v. Al-Isawi

The mandatory one-year minimums in s.85(3)(a) and the consecutive requirement in s.85(4) do not violate s.12; the court applied the totality principle within the statutory constraints, imposing one year on each of the three remaining s.85 counts (three years total) and a concurrent four-year aggregate for the 11 robbery counts, producing a total custodial sentence of seven years; lifetime s.109 firearms prohibition and DNA order imposed.

Citation
2016 BCSC 1691
Parties
Crown: Regina; Accused: Aosama Salim Hmod Al-Isawi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 July 2016
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced to imprisonment totaling seven years; mandatory minimums upheld; lifetime firearms prohibition and DNA order imposed
Legal Topics
Robbery, Use of Imitation Firearm, Mandatory Minimum Sentence, Section 12 Charter Challenge (cruel and Unusual), Totality Principle, Consecutive Sentences, Mitigation and Aggravation
Source Language
English
Criminal Law Sentencing Constitutional Law Robbery Use of Imitation Firearm Mandatory Minimum Sentence Section 12 Charter Challenge (cruel and Unusual) Totality Principle +2 more

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Parties

Regina

Crown

Aosama Salim Hmod Al-Isawi

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether s.85(3)(a) one-year mandatory minimum and s.85(4) consecutive requirement violate s.12 of the Charter
  2. 2 Appropriate fit and proportionate sentence for multiple robberies involving an imitation firearm given s.85 and totality principle
  3. 3 Application of sentencing principles in s.718, s.718.1 and s.718.2(c)

Ratio Decidendi

The mandatory one-year minimums in s.85(3)(a) and the consecutive requirement in s.85(4) do not violate s.12; the court applied the totality principle within the statutory constraints, imposing one year on each of the three remaining s.85 counts (three years total) and a concurrent four-year aggregate for the 11 robbery counts, producing a total custodial sentence of seven years; lifetime s.109 firearms prohibition and DNA order imposed.

Court Disposition

Accused convicted and sentenced to imprisonment totaling seven years; mandatory minimums upheld; lifetime firearms prohibition and DNA order imposed

Orders

  • Imprisonment for seven years in total: one year consecutive for each of the three s.85 convictions (three years total) and four years concurrent for the 11 robbery counts
  • Lifetime order prohibiting possession of firearms and other enumerated items pursuant to Criminal Code s.109