R. v. Campo Alegre

R. v. Campo Alegre

Given the production and firing of a firearm, the assault, confinement and theft, a six-year global sentence for robbery with a firearm was fit for each accused; apply two-for-one presentence custody credit (pre-Bill C-25 practice) resulting in 5.5 years further custody for Campo Alegre (6 months credit) and 2.5 years further custody for Rodriguez Laffita (42 months credit); impose concurrent two-year sentence for unlawful confinement; order mandatory firearms prohibition, DNA sample and victim fine surcharge; decline restitution due to lengthy incarceration per Siemens and lack of precise proof of loss.

Citation
2010 BCSC 1047
Parties
Crown: Regina; Accused: Jorge Hernandez Campo Alegre; Accused: Eunises Miguel Rodriquez Laffita
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 July 2010
Procedural Posture
Criminal / Sentencing
Outcome
Both accused convicted of Count 2 (robbery using a firearm) and Count 4 (unlawful confinement). Sentenced on robbery to six years each with presentence custody credit applied resulting in differing remaining custody terms; confinement sentences of two years concurrent.
Legal Topics
Robbery With a Firearm, Unlawful Confinement, Sentencing Principles, Presentence Custody Credit, Restitution, Firearms Prohibition, DNA Order, Aggravating Circumstances for Dwelling House Offences
Source Language
English
Criminal Law Robbery With a Firearm Unlawful Confinement Sentencing Principles Presentence Custody Credit Restitution Firearms Prohibition DNA Order +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 18 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Regina

Crown

Jorge Hernandez Campo Alegre

Accused

Eunises Miguel Rodriquez Laffita

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery with a firearm and concurrent unlawful confinement
  2. 2 Whether both accused should receive the same sentence
  3. 3 Quantum of presentence custody credit

Ratio Decidendi

Given the production and firing of a firearm, the assault, confinement and theft, a six-year global sentence for robbery with a firearm was fit for each accused; apply two-for-one presentence custody credit (pre-Bill C-25 practice) resulting in 5.5 years further custody for Campo Alegre (6 months credit) and 2.5 years further custody for Rodriguez Laffita (42 months credit); impose concurrent two-year sentence for unlawful confinement; order mandatory firearms prohibition, DNA sample and victim fine surcharge; decline restitution due to lengthy incarceration per Siemens and lack of precise proof of loss.

Court Disposition

Both accused convicted of Count 2 (robbery using a firearm) and Count 4 (unlawful confinement). Sentenced on robbery to six years each with presentence custody credit applied resulting in differing remaining custody terms; confinement sentences of two years concurrent.

Orders

  • Jorge Hernandez Campo Alegre: sentenced to six years imprisonment on Count 2 with credit of six months presentence custody resulting in 5.5 years further imprisonment; Count 4 two years concurrent.
  • Eunises Miguel Rodriquez Laffita: sentenced to six years imprisonment on Count 2 with credit of 42 months presentence custody resulting in 2.5 years further imprisonment; Count 4 two years concurrent.