R. v. Gower

R. v. Gower

Balanced sentencing approach: the serious aggravating features (premeditated home invasion of an occupied dwelling, use of an imitation firearm, violent confinement and assault, significant trauma to the victim, and relevant criminal records) required a substantial custodial sentence for denunciation and deterrence; Gladue and individual mitigation (childhood systemic factors, addiction, remorse, rehabilitation efforts, and Gower's lessened moral blameworthiness for intervening) warranted moderation from Crown's recommended 10 years. Result: identical global custodial sentence of seven years for each offender, with enhanced pretrial custody credit (1.5:1) applied, and ancillary orders...

Citation
2019 BCSC 559
Parties
Crown: Regina; Accused: Adrian David Gower; Accused: Greyson Nicholas Rane Wesley
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 March 2019
Procedural Posture
Criminal Robbery and Related Offences / Sentencing (oral Reasons for Sentence)
Outcome
Both accused sentenced to global custodial sentence of seven years each (post‑conviction sentencing); pretrial custody credit applied; ancillary orders imposed; restitution denied.
Legal Topics
Robbery, Breaking and Entering, Use of Imitation Firearm, Unlawful Confinement, Wearing a Face Mask, Sentencing Principles, Gladue Factors, Pretrial Custody Credit, Ancillary Orders, Restitution
Source Language
English
Criminal Law Sentencing Indigenous Law (gladue) Robbery Breaking and Entering Use of Imitation Firearm Unlawful Confinement Wearing a Face Mask +5 more

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Parties

Regina

Crown

Adrian David Gower

Accused

Greyson Nicholas Rane Wesley

Accused

Procedural Posture

Criminal Robbery and Related Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate global sentence for home invasion robbery with confinement and use of imitation firearm
  2. 2 Application of s.718.2(e) Gladue factors in serious offences
  3. 3 Whether statutory aggravating factor for breaking and entering a dwelling while knowing or reckless as to occupancy applies (s.341)

Ratio Decidendi

Balanced sentencing approach: the serious aggravating features (premeditated home invasion of an occupied dwelling, use of an imitation firearm, violent confinement and assault, significant trauma to the victim, and relevant criminal records) required a substantial custodial sentence for denunciation and deterrence; Gladue and individual mitigation (childhood systemic factors, addiction, remorse, rehabilitation efforts, and Gower's lessened moral blameworthiness for intervening) warranted moderation from Crown's recommended 10 years. Result: identical global custodial sentence of seven years for each offender, with enhanced pretrial custody credit (1.5:1) applied, and ancillary orders...

Court Disposition

Both accused sentenced to global custodial sentence of seven years each (post‑conviction sentencing); pretrial custody credit applied; ancillary orders imposed; restitution denied.

Orders

  • Count by count sentences: Count 1 (breaking and entering) — six years imprisonment each (concurrent with Count 2)
  • Count 2 (robbery) — six years imprisonment each (concurrent)