R. v. Ridgeway

R. v. Ridgeway

Impose a global custodial sentence of eight years (allocated as six years for robbery, one year consecutive for use of an imitation firearm, and one year consecutive for possession of a loaded prohibited firearm), apply 1.5:1 pretrial custody credit to 146 days (219 days = seven months and nine days) yielding a net sentence of seven years, four months, and 21 days; impose life firearms prohibition, mandatory DNA order, forfeiture of seized items, and $200 victim fine surcharge per count.

Citation
2017 BCSC 1472
Parties
Crown: Regina; Accused: Christopher John Ridgeway
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced to a global term of eight years imprisonment; net sentence after pretrial custody credit seven years, four months, 21 days; life firearms prohibition; DNA and forfeiture orders; victim fine surcharge imposed.
Legal Topics
Robbery, Home Invasion, Use of Imitation Firearm, Possession of Loaded Prohibited Firearm, Pretrial Custody Credit, Totality Principle, DNA Order, Forfeiture Orders, Firearms Prohibition, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Firearms Law Property Offences Robbery Home Invasion Use of Imitation Firearm Possession of Loaded Prohibited Firearm +6 more

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Parties

Regina

Crown

Christopher John Ridgeway

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for home invasion robbery and separate firearms offence
  2. 2 Application of s. 348.1 (robbery related to occupied dwelling)
  3. 3 Whether sentences should be consecutive or concurrent and application of totality principle

Ratio Decidendi

Impose a global custodial sentence of eight years (allocated as six years for robbery, one year consecutive for use of an imitation firearm, and one year consecutive for possession of a loaded prohibited firearm), apply 1.5:1 pretrial custody credit to 146 days (219 days = seven months and nine days) yielding a net sentence of seven years, four months, and 21 days; impose life firearms prohibition, mandatory DNA order, forfeiture of seized items, and $200 victim fine surcharge per count.

Court Disposition

Accused convicted and sentenced to a global term of eight years imprisonment; net sentence after pretrial custody credit seven years, four months, 21 days; life firearms prohibition; DNA and forfeiture orders; victim fine surcharge imposed.

Orders

  • Global custody term of 8 years imposed comprising: 6 years for robbery; 1 year consecutive for use of an imitation firearm; 1 year consecutive for possession of a loaded prohibited firearm
  • Deduct pretrial custody credit of 219 days (1.5:1 credit for 146 days) resulting in net sentence of 7 years, 4 months, 21 days