R. v. Smith

R. v. Smith

The court accepted the joint submission as a fit sentence and imposed 1,460 days custody on Count 1 and 900 days on Count 3 concurrent, applied 917 days enhanced pretrial custody credit leaving 543 days custody to serve; ordered forfeiture of the sawed-off shotgun and ammunition under s.490.1, imposed a lifetime firearms prohibition under s.109(3), authorized DNA sampling under s.487.051(3), and directed the Crown to stay remaining counts because the joint sentence did not bring the administration of justice into disrepute.

Citation
2025 BCSC 1650
Parties
Crown: Rex; Accused: Russell William John Smith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2025
Procedural Posture
Criminal (robbery and Firearms Offences) / Sentencing (oral Reasons)
Outcome
Accepted joint sentence: 1,460 days custody on Count 1 and 900 days concurrent on Count 3; applied 917 days enhanced pretrial custody credit; remaining custodial term 543 days. Ordered forfeiture of sawed-off shotgun and ammunition, lifetime firearms prohibition under s.109(3), authorization for DNA sampling under...
Legal Topics
Robbery, Unlawful Possession of Prohibited Firearm, Pretrial Custody Credit, Joint Submission on Sentence, Section 109 Lifetime Firearms Prohibition, Section 490.1 Forfeiture, Authorization to Take DNA (secondary Designated Offence)
Source Language
English
Criminal Law Sentencing Firearms Law Forfeiture Forensic/dna Law Robbery Unlawful Possession of Prohibited Firearm Pretrial Custody Credit +4 more

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Parties

Rex

Crown

Russell William John Smith

Accused

Procedural Posture

Criminal (robbery and Firearms Offences) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether the joint sentence proposed by Crown and defence is fit and would not bring the administration of justice into disrepute
  2. 2 Appropriate quantum of sentence for robbery involving firearms and concurrent firearms possession
  3. 3 Appropriate pretrial custody credit and calculation of enhanced credit

Ratio Decidendi

The court accepted the joint submission as a fit sentence and imposed 1,460 days custody on Count 1 and 900 days on Count 3 concurrent, applied 917 days enhanced pretrial custody credit leaving 543 days custody to serve; ordered forfeiture of the sawed-off shotgun and ammunition under s.490.1, imposed a lifetime firearms prohibition under s.109(3), authorized DNA sampling under s.487.051(3), and directed the Crown to stay remaining counts because the joint sentence did not bring the administration of justice into disrepute.

Court Disposition

Accepted joint sentence: 1,460 days custody on Count 1 and 900 days concurrent on Count 3; applied 917 days enhanced pretrial custody credit; remaining custodial term 543 days. Ordered forfeiture of sawed-off shotgun and ammunition, lifetime firearms prohibition under s.109(3), authorization for DNA sampling under...

Orders

  • Sentence of 1,460 days custody on Count 1 (four years)
  • Sentence of 900 days custody on Count 3 (30 months), concurrent to Count 1