R. v. Stauffer

R. v. Stauffer

Given the offender's serious record, planning, repeated use of firearms, the terror inflicted on victims, and the statutory scheme governing firearms offences, the court imposed consecutive custodial sentences following the approach in R. v. Goforth: seven counts sentenced to 14 years each and four counts sentenced to 4 years each, with the s.85 firearms sentences consecutive to the related robbery sentences and to each other; the court ordered DNA sampling under s.487.051 and imposed a lifetime weapons prohibition under s.109 based on statutory requirements and public protection and deterrence considerations.

Citation
2003 BCSC 2031
Parties
Crown: Regina (Crown); Defendant/accused: Brian Raymond Stauffer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 December 2003
Procedural Posture
Criminal / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Accused found guilty on all 11 counts and sentenced to multiple consecutive terms of imprisonment; DNA sampling ordered; lifetime weapons prohibition imposed.
Legal Topics
Robbery With a Firearm, Section 85 Firearms Offences, Consecutive Sentences, Section 109 Lifetime Weapons Ban, Section 487.051 DNA Sampling, Mitigation: Medical Condition
Source Language
English
Criminal Law Sentencing Firearms Law Forensic DNA Orders Weapons Prohibition Robbery With a Firearm Section 85 Firearms Offences Consecutive Sentences +3 more

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Parties

Regina (Crown)

Crown

Brian Raymond Stauffer

Defendant/accused

Procedural Posture

Criminal / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate length of sentence for multiple armed robberies
  2. 2 Application and sequencing of s.85 firearms sentences (consecutive to underlying offences and to each other)
  3. 3 Whether presentence custody should be treated as 'dead time'

Ratio Decidendi

Given the offender's serious record, planning, repeated use of firearms, the terror inflicted on victims, and the statutory scheme governing firearms offences, the court imposed consecutive custodial sentences following the approach in R. v. Goforth: seven counts sentenced to 14 years each and four counts sentenced to 4 years each, with the s.85 firearms sentences consecutive to the related robbery sentences and to each other; the court ordered DNA sampling under s.487.051 and imposed a lifetime weapons prohibition under s.109 based on statutory requirements and public protection and deterrence considerations.

Court Disposition

Accused found guilty on all 11 counts and sentenced to multiple consecutive terms of imprisonment; DNA sampling ordered; lifetime weapons prohibition imposed.

Orders

  • On Counts 1, 2, 4, 5, 7, 8 and 10: 14 years' imprisonment on each count (each consecutive to the others).
  • On Counts 3, 6, 9 and 11: 4 years' imprisonment on each count, consecutive to the offences to which they relate and consecutive to each other.