R. v. Hunter

R. v. Hunter

Balancing denunciation/deterrence and rehabilitation given the offender's drug-induced, uncharacteristic offending and good prospects for recovery, impose consecutive custodial terms of 4, 12 and 12 months (total 28 months) but reduce by agreed 17 months pretrial custody leaving an effective sentence of 11 months custody, followed by 18 months probation, restitution $970, DNA sample order and firearms prohibition under s.109.

Citation
2021 BCSC 2426
Parties
Crown: Regina; Accused: Brittani Lesley Lynn Hunter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 November 2021
Procedural Posture
Criminal Sentencing / Sentencing (oral Reasons)
Outcome
Accused convicted on guilty pleas and sentenced. Total custodial term of 28 months (consecutive 4, 12, 12), reduced by 17 months pretrial custody credit to a net 11 months to be served from date of judgment; 18 months probation; restitution ordered; DNA and firearms prohibition orders made.
Legal Topics
Robbery, Imitation Firearm, Mandatory Minimums, Pretrial Custody Credit, Consecutive Sentencing, Victim Impact, Addiction as Mitigation, Probation Conditions, Firearms Prohibition (s.109), DNA Order (s.487.051)
Source Language
English
Criminal Law Sentencing Firearms Offences Drugs and Addiction Probation and Release Restitution DNA Registry Robbery +9 more

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Parties

Regina

Crown

Brittani Lesley Lynn Hunter

Accused

Procedural Posture

Criminal Sentencing / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate global sentence for two robberies and use of an imitation firearm
  2. 2 Whether sentences should be concurrent or consecutive
  3. 3 Appropriate credit for pretrial custody

Ratio Decidendi

Balancing denunciation/deterrence and rehabilitation given the offender's drug-induced, uncharacteristic offending and good prospects for recovery, impose consecutive custodial terms of 4, 12 and 12 months (total 28 months) but reduce by agreed 17 months pretrial custody leaving an effective sentence of 11 months custody, followed by 18 months probation, restitution $970, DNA sample order and firearms prohibition under s.109.

Court Disposition

Accused convicted on guilty pleas and sentenced. Total custodial term of 28 months (consecutive 4, 12, 12), reduced by 17 months pretrial custody credit to a net 11 months to be served from date of judgment; 18 months probation; restitution ordered; DNA and firearms prohibition orders made.

Orders

  • Custody: 4 months on Count 1 (Robbery of Laura Ramm), consecutive to: 12 months on Count 2 (Use of imitation weapon), consecutive to: 12 months on Count 3 (Robbery of Lucy Wilkins), total 28 months
  • Pretrial custody credit of 17 months applied, net custodial term to be served from today: 11 months