R. v. Spence

R. v. Spence

The court accepted the joint submission as a fit sentence: imposed the statutory minimum five-year term for robbery with a prohibited firearm and a consecutive six-month term for possession while prohibited; applied a 1.5:1 pre-trial custody credit to 574 days (credit 861 days) leaving 1,147 days remaining to be served; ancillary orders included lifetime firearm prohibition under s.109, DNA sample under s.487.05(1) and forfeiture under s.491; stays entered on remaining counts.

Citation
2017 BCSC 2145
Parties
Crown: Regina; Accused: Walter Daryl Spence
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 September 2017
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Guilty plea accepted; sentence imposed: 5 years imprisonment (robbery with prohibited firearm) plus consecutive 6 months (possession while prohibited); total 5 years 6 months; pre-trial custody credit applied leaving 1,147 days to serve.
Legal Topics
Robbery, Firearm Offences, Sentencing, Mandatory Minimums, Pre Trial Custody Credit
Source Language
English
Criminal Law Robbery Firearm Offences Sentencing Mandatory Minimums Pre Trial Custody Credit

Case Brief

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Parties

Regina

Crown

Walter Daryl Spence

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether to accept a joint submission on sentence
  2. 2 Application of mandatory minimum sentence for robbery with a prohibited firearm
  3. 3 Appropriate consecutive sentence for possession of a firearm while prohibited

Ratio Decidendi

The court accepted the joint submission as a fit sentence: imposed the statutory minimum five-year term for robbery with a prohibited firearm and a consecutive six-month term for possession while prohibited; applied a 1.5:1 pre-trial custody credit to 574 days (credit 861 days) leaving 1,147 days remaining to be served; ancillary orders included lifetime firearm prohibition under s.109, DNA sample under s.487.05(1) and forfeiture under s.491; stays entered on remaining counts.

Court Disposition

Guilty plea accepted; sentence imposed: 5 years imprisonment (robbery with prohibited firearm) plus consecutive 6 months (possession while prohibited); total 5 years 6 months; pre-trial custody credit applied leaving 1,147 days to serve.

Orders

  • Imprisonment: 5 years on s.344(1)(a) offence
  • Imprisonment: 6 months consecutive on s.117.01(1) offence