R. v. Aikman

Parties

Procedural Posture

Criminal (robbery, Break and Enter, Possession of Stolen Property) / Sentencing After Guilty Pleas Following Successful Appeals and Re‑election to Judge‑alone Trial

Legal Issues

1. 1 Appropriate global sentence for multiple convenience store robberies and break and enters
2. 2 Extent and allocation of pretrial custody credit after successful appeal
3. 3 Whether a defendant who did not appeal can claim pretrial custody credit used in original sentence

Ratio Decidendi

Court found Crown's higher sentence proposals inappropriate given guilty pleas, absence of firearms charges from the pleas, comparative authorities, and the individual circumstances of each offender; Aikman was sentenced to one day concurrent on all counts with recorded pretrial custody credit of six years, six months and 15 days (resulting in effectively time served) because his extensive pretrial custody exceeded the sentence the court would otherwise have imposed; Franklin was sentenced to 23.5 months concurrent to each other and to his existing sentences, applying Gladue mitigation and allowing the credit he had already received on unappealed counts but restricting double‑use of...

Court Disposition

Defendants sentenced following guilty pleas after successful appeals; Aikman effectively given time served; Franklin sentenced to 23.5 months concurrent

Orders

• Andrew James Aikman: one day custody concurrent on all counts; pretrial custody credited: six years, six months and 15 days (recorded per memorandum with per‑count entries)
• Jayson Anthony Franklin: Count 3 23.5 months; Count 4 six months; Count 5 23.5 months; Counts 6, 10, 11 six months each; all to be served concurrently with each other and concurrently to sentences he is now serving