R. v. Aneke

R. v. Aneke

The court accepted the joint submission: a 40-month sentence (with 1.5-for-1 credit resulting in 37 months credited and three months remaining) is appropriate under ordinary sentencing principles; the three statutory criteria for designation under s.753.1 were met (sentence >2 years appropriate; offender poses a substantial risk of reoffending based on psychiatric assessment and risk instruments; there is a reasonable possibility of control in the community with intensive supervision and treatment), and accordingly the offender was designated a long-term offender and subject to a 10-year long-term supervision order; mandatory ancillary orders (lifetime prohibition under s.109 and DNA...

Citation
2021 BCSC 2064
Parties
Applicant/crown: Regina (Crown); Accused/respondent: Dubem Onyemchi Chidubem Chedubem Aneke
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 July 2021
Procedural Posture
Criminal / Sentencing and Long Term Offender Designation (designation and Penalty Stages)
Outcome
Joint sentence accepted; offender sentenced and designated a long-term offender
Legal Topics
Robbery, Long Term Offender Designation (s.753.1), Joint Submission on Sentence, Dangerous Offender Alternative, Ancillary Orders (s.109, S.487.051), Mental Disorder and Sentencing, Community Supervision and Parole
Source Language
English
Criminal Law Sentencing Mental Health Law Corrections Robbery Long Term Offender Designation (s.753.1) Joint Submission on Sentence Dangerous Offender Alternative +3 more

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Parties

Regina (Crown)

Applicant/crown

Dubem Onyemchi Chidubem Chedubem Aneke

Accused/respondent

Procedural Posture

Criminal / Sentencing and Long Term Offender Designation (designation and Penalty Stages)

Legal Issues

  1. 1 Whether the joint sentence should be accepted under the public interest test (Anthony-Cook)
  2. 2 Whether a sentence of more than two years is appropriate for designation under s.753.1
  3. 3 Whether the offender poses a substantial risk of reoffending

Ratio Decidendi

The court accepted the joint submission: a 40-month sentence (with 1.5-for-1 credit resulting in 37 months credited and three months remaining) is appropriate under ordinary sentencing principles; the three statutory criteria for designation under s.753.1 were met (sentence >2 years appropriate; offender poses a substantial risk of reoffending based on psychiatric assessment and risk instruments; there is a reasonable possibility of control in the community with intensive supervision and treatment), and accordingly the offender was designated a long-term offender and subject to a 10-year long-term supervision order; mandatory ancillary orders (lifetime prohibition under s.109 and DNA...

Court Disposition

Joint sentence accepted; offender sentenced and designated a long-term offender

Orders

  • Impose 40 months imprisonment with credit for time served at 1.5:1 resulting in 37 months credited and three months remaining to serve
  • Designate the offender a long-term offender under s.753.1 and subject him to a 10-year long-term supervision order