R. v. Wertman

R. v. Wertman

The sentencing judge did not err in principle: prior complaints were admissible for contextual assessment of the offence (not for punishing uncharged conduct); guilty pleas and first‑offender status were considered; the judge properly distinguished differing culpability and imposed different fines; the fines were proportionate given intentionally loud, prolonged conduct that seriously disturbed neighbours; appeal dismissed.

Citation
2009 BCSC 1177
Parties
Crown: Regina; Appellant/defendant: Christina Wertman; Appellant/defendant: Joseph Jacob Wertman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 August 2009
Procedural Posture
Sentence Appeal (noise by Law Offence) / Appeal From Provincial Court Sentence to Supreme Court of British Columbia
Outcome
Appeal dismissed
Legal Topics
Sentencing, Noise by Law S.4(b), Mitigating Factors, Use of Uncharged Misconduct in Sentencing, Totality Principle
Source Language
English
Criminal Law Municipal by Law Enforcement Sentencing Law Sentencing Noise by Law S.4(b) Mitigating Factors Use of Uncharged Misconduct in Sentencing Totality Principle

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Parties

Regina

Crown

Christina Wertman

Appellant/defendant

Joseph Jacob Wertman

Appellant/defendant

Procedural Posture

Sentence Appeal (noise by Law Offence) / Appeal From Provincial Court Sentence to Supreme Court of British Columbia

Legal Issues

  1. 1 Whether sentencing judge improperly relied on prior uncharged noise complaints
  2. 2 Whether guilty pleas and first‑offender status were given adequate mitigating weight
  3. 3 Whether appellants should have been sentenced jointly for the event or separately with differing culpability

Ratio Decidendi

The sentencing judge did not err in principle: prior complaints were admissible for contextual assessment of the offence (not for punishing uncharged conduct); guilty pleas and first‑offender status were considered; the judge properly distinguished differing culpability and imposed different fines; the fines were proportionate given intentionally loud, prolonged conduct that seriously disturbed neighbours; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; original sentences upheld: $1,200 fine against Christina Wertman and $1,600 fine against Joseph Jacob Wertman; each defendant to be bound by a 12‑month recognizance with conditions to keep the peace and be of good behaviour, obey all City of Vancouver bylaws including the Noise By-law, and meet...