R. v. Seymour

R. v. Seymour

Court held that particularly onerous pre-trial conditions (near-constant solitary confinement and assaults) justified enhanced credit at 1.5-to-1 for the period Aug 9, 2010 to Apr 11, 2011 (after adjusting for prior credits); found detention after June 19, 2011 fell under s.524(8) and was ineligible for enhanced...

Source-derived case information.

Citation
2011 BCSC 1682
Parties
Crown: Regina; Accused: Corey Wade Seymour
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2011
Procedural Posture
Criminal / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Accused convicted on firearm-related counts; conditional judicial stay on Count 2 (s.91(1)); sentences imposed with pre-trial credit applied.
Legal Topics
Sentence Calculation, Credit for Pre Trial Custody (s.719), Mandatory Minimum Sentences, Kienapple Principle (subsidiary Charges), Forfeiture, DNA Order, Weapons Prohibition, Victim Surcharge Waiver
Source Language
english
Criminal Law Sentencing Firearms Law Pre Trial Custody Credit Sentence Calculation Credit for Pre Trial Custody (s.719) Mandatory Minimum Sentences Kienapple Principle (subsidiary Charges) +4 more

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Parties

Regina

Crown

Corey Wade Seymour

Accused

Procedural Posture

Criminal / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether enhanced credit (1.5:1) for pre-trial custody is justified
  2. 2 Application of s.524(8) to periods of detention and its effect on enhanced credit eligibility
  3. 3 Appropriate fit sentence for discharging a firearm with intent to endanger life (s.244(1)) and related firearms offences (ss.95(1),88(1)) after mandatory minimum amendments

Ratio Decidendi

Court held that particularly onerous pre-trial conditions (near-constant solitary confinement and assaults) justified enhanced credit at 1.5-to-1 for the period Aug 9, 2010 to Apr 11, 2011 (after adjusting for prior credits); found detention after June 19, 2011 fell under s.524(8) and was ineligible for enhanced credit; calculated total credit of 264 days (rounded) equating to nine months; imposed fit sentences of six years (s.244), four years (s.95(1)), and one year (s.88(1)) to be served concurrently, reduced by pre-trial credit to five years three months, three years three months, and three months respectively; directed conditional judicial stay on Count 2 (s.91(1)); ordered...

Court Disposition

Accused convicted on firearm-related counts; conditional judicial stay on Count 2 (s.91(1)); sentences imposed with pre-trial credit applied.

Orders

  • Sentence: 6 years imprisonment for offence under s.244(1) (discharging firearm with intent) (declared fit sentence)
  • Sentence imposed after credit: 5 years 3 months imprisonment for s.244(1) (concurrent)