R. v. Jackson-Bullshields

R. v. Jackson-Bullshields

Court imposed a global determinate sentence of seven years adjusted for totality and Gladue factors, awarded 1.5:1 credit for pre-sentence custody (1,731 days) yielding a custodial remainder of 824 days, and declared the offender a long-term offender for a ten-year supervision order because the predicate robberies were serious personal injury offences, expert psychiatric evidence and criminal history established a substantial risk of violent reoffending, and there was a reasonable possibility of community control with federal assessment, stabilization and intensive programming.

Citation
2019 BCSC 1960
Parties
Crown: Regina; Offender: Wilbert Luke Jackson-Bullshields
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 September 2019
Procedural Posture
Criminal / Sentencing and Long Term Offender Designation
Outcome
Offender convicted and sentenced to a global determinate term of seven years' imprisonment less pre-sentence credit (net custodial remainder 824 days); declared a long-term offender and subject to a ten-year long-term supervision order.
Legal Topics
Robbery, Possession of Stolen Property, Failure to Stop, Possession of Weapon, Mischief, Theft, Long Term Supervision Order, Section 753.1 Designation, Gladue Factors, Credit for Pre Sentence Custody, Totality Principle
Source Language
English
Criminal Law Sentencing Forensic Psychiatry Aboriginal/gladue Corrections and Parole Robbery Possession of Stolen Property Failure to Stop +8 more

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Parties

Regina

Crown

Wilbert Luke Jackson-Bullshields

Offender

Procedural Posture

Criminal / Sentencing and Long Term Offender Designation

Legal Issues

  1. 1 Appropriate determinate sentence and application of totality
  2. 2 Whether Crown established criteria for long-term offender designation under s.753.1
  3. 3 Whether there is a substantial risk of reoffending and reasonable possibility of control in the community

Ratio Decidendi

Court imposed a global determinate sentence of seven years adjusted for totality and Gladue factors, awarded 1.5:1 credit for pre-sentence custody (1,731 days) yielding a custodial remainder of 824 days, and declared the offender a long-term offender for a ten-year supervision order because the predicate robberies were serious personal injury offences, expert psychiatric evidence and criminal history established a substantial risk of violent reoffending, and there was a reasonable possibility of community control with federal assessment, stabilization and intensive programming.

Court Disposition

Offender convicted and sentenced to a global determinate term of seven years' imprisonment less pre-sentence credit (net custodial remainder 824 days); declared a long-term offender and subject to a ten-year long-term supervision order.

Orders

  • Count 1 (possession of stolen property): 14 months (concurrent with count 2)
  • Count 2 (failure to stop): 10 months (concurrent with count 1)