R. v. Wilson-Hives

R. v. Wilson-Hives

The court accepted the joint submission because it found the proposed sentence complied with sentencing principles and would not bring the administration of justice into disrepute, and imposed consecutive sentences of 30 days for robbery and the mandatory one-year term for using an imitation firearm (total 13 months), followed by 12 months probation and ancillary orders including firearm prohibition and DNA sample.

Citation
2020 BCSC 1488
Parties
Crown: Regina; Accused: Dallas Wilson-Hives
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 September 2020
Procedural Posture
Criminal Robbery and Use of an Imitation Firearm / Sentencing (oral Reasons)
Outcome
Accused pleaded guilty to Counts 3 and 4; Counts 1 and 2 stayed; sentence imposed as jointly recommended.
Legal Topics
Robbery, Imitation Firearm, Mandatory Minimum Sentence, Probation Conditions, DNA Order, Firearm Prohibition, Stay of Proceedings
Source Language
English
Criminal Law Sentencing Robbery Imitation Firearm Mandatory Minimum Sentence Probation Conditions DNA Order Firearm Prohibition +1 more

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Parties

Regina

Crown

Dallas Wilson-Hives

Accused

Procedural Posture

Criminal Robbery and Use of an Imitation Firearm / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether the joint submission on sentence is appropriate and conforms to sentencing principles
  2. 2 Application of mandatory minimum imprisonment for using an imitation firearm during a robbery
  3. 3 Whether sentences should be consecutive or concurrent

Ratio Decidendi

The court accepted the joint submission because it found the proposed sentence complied with sentencing principles and would not bring the administration of justice into disrepute, and imposed consecutive sentences of 30 days for robbery and the mandatory one-year term for using an imitation firearm (total 13 months), followed by 12 months probation and ancillary orders including firearm prohibition and DNA sample.

Court Disposition

Accused pleaded guilty to Counts 3 and 4; Counts 1 and 2 stayed; sentence imposed as jointly recommended.

Orders

  • Sentence on Count 3 (robbery): 30 days imprisonment
  • Sentence on Count 4 (use of an imitation firearm): mandatory minimum one year imprisonment