R. v. Moote

R. v. Moote

The court accepted the joint sentencing framework but required a probation condition prohibiting possession or consumption of alcohol or drugs (except by prescription) to protect the public and enhance rehabilitation given the offender's extensive robbery history and recent reoffending shortly after release; imposed a custodial sentence resulting in 631 days of new custody after applying 829 days credit (pre-sentence credit at 1.5:1), one year probation with specified reporting and abstinence conditions, lifetime firearms prohibition and DNA order; victim fine surcharge waived.

Citation
2022 BCSC 1975
Parties
Crown: Regina; Accused: Clayton Vicars Peter Moote (also known as Clayton Vicars Moote)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 April 2022
Procedural Posture
Criminal Robbery / Sentencing (oral Reasons for Sentence)
Outcome
Guilty plea accepted; sentence imposed following joint submission with modification
Legal Topics
Robbery, Sentencing Principles, Pre Sentence Custody Credit, Probation Conditions, Drug and Alcohol Abstinence Condition, Firearms Prohibition, DNA Order
Source Language
English
Criminal Law Sentencing Indigenous/gladue Considerations Robbery Sentencing Principles Pre Sentence Custody Credit Probation Conditions Drug and Alcohol Abstinence Condition +2 more

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Parties

Regina

Crown

Clayton Vicars Peter Moote (also known as Clayton Vicars Moote)

Accused

Procedural Posture

Criminal Robbery / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate custodial term for armed robbery with prior robbery convictions
  2. 2 Application and weight of Gladue factors in sentencing
  3. 3 Whether probation should include abstinence from drugs and alcohol

Ratio Decidendi

The court accepted the joint sentencing framework but required a probation condition prohibiting possession or consumption of alcohol or drugs (except by prescription) to protect the public and enhance rehabilitation given the offender's extensive robbery history and recent reoffending shortly after release; imposed a custodial sentence resulting in 631 days of new custody after applying 829 days credit (pre-sentence credit at 1.5:1), one year probation with specified reporting and abstinence conditions, lifetime firearms prohibition and DNA order; victim fine surcharge waived.

Court Disposition

Guilty plea accepted; sentence imposed following joint submission with modification

Orders

  • Lifetime firearms prohibition pursuant to s.109 Criminal Code
  • Provide DNA sample pursuant to s.487.051(1) Criminal Code