R. v. Tremblay

R. v. Tremblay

The court accepted the parties' joint recommendation as reasonable and imposed concurrent custodial sentences: 26 months' new time on Information 103181‑2 (counts 1 and 3) with 78 days credit, and 24 months' new time on Indictment 103005‑3 (counts 3 and 4) with six months credit; ordered the accused to provide a DNA sample within 30 days for a primary designated offence; imposed a 10‑year weapons prohibition under s.109 Criminal Code; and directed stays on outstanding counts as entered by Crown.

Citation
2017 BCSC 935
Parties
Crown: Regina; Accused: David Jeffrey Tremblay
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 May 2017
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Joint recommendation accepted; custodial sentences imposed with credit for time served; DNA order and weapons prohibition imposed; stays entered on outstanding counts.
Legal Topics
Sentence Length, Credit for Pre‑sentence Custody, Concurrent Sentences, DNA Databank Order, Weapons Prohibition, Stay of Proceedings
Source Language
English
Criminal Law Sentencing DNA Law Firearms Offences Sentence Length Credit for Pre‑sentence Custody Concurrent Sentences DNA Databank Order +2 more

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Parties

Regina

Crown

David Jeffrey Tremblay

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether the joint recommendation on sentence is reasonable and should be accepted
  2. 2 Calculation and credit for time served/pre‑sentence custody
  3. 3 Imposition of concurrent sentences

Ratio Decidendi

The court accepted the parties' joint recommendation as reasonable and imposed concurrent custodial sentences: 26 months' new time on Information 103181‑2 (counts 1 and 3) with 78 days credit, and 24 months' new time on Indictment 103005‑3 (counts 3 and 4) with six months credit; ordered the accused to provide a DNA sample within 30 days for a primary designated offence; imposed a 10‑year weapons prohibition under s.109 Criminal Code; and directed stays on outstanding counts as entered by Crown.

Court Disposition

Joint recommendation accepted; custodial sentences imposed with credit for time served; DNA order and weapons prohibition imposed; stays entered on outstanding counts.

Orders

  • Sentence of 26 months' new time on Information 103181‑2 (Counts 1 and 3), concurrent; 78 days credit for time served on that information.
  • Sentence of 24 months' new time on Indictment 103005‑3 (Counts 3 and 4), concurrent to other sentences; six months' credit for time served on that indictment.