R. v. Sobhani

R. v. Sobhani

The court imposed a single global custodial sentence of one year because the offences reflected a persistent disrespect for court orders and the rule of law, the offender had a substantial prior record though not at the extreme of comparators, and denunciation, specific and general deterrence and protection of victims required a custodial response; three months pre-sentence custody was credited leaving nine months additional custody, and a three year probation with specific restrictive and supervisory conditions was necessary for public and victim protection and rehabilitation.

Citation
2011 BCSC 67
Parties
Prosecution: Regina; Accused: Sahand Sobhani
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 January 2011
Procedural Posture
Criminal Sentencing / Sentencing Hearing (oral Reasons)
Outcome
Global sentence of one year imprisonment with credit for three months pre-sentence custody (resulting in nine months additional custody) and probation for three years with detailed conditions.
Legal Topics
Sentencing, Criminal Harassment, Breach of Recognizance, Breach of Probation, Pre Sentence Custody Credit, Probation Conditions, Kienapple Principle
Source Language
English
Criminal Law Sentencing Criminal Harassment Breach of Recognizance Breach of Probation Pre Sentence Custody Credit Probation Conditions Kienapple Principle

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Parties

Regina

Prosecution

Sahand Sobhani

Accused

Procedural Posture

Criminal Sentencing / Sentencing Hearing (oral Reasons)

Legal Issues

  1. 1 Appropriate global custodial sentence for multiple convictions
  2. 2 Whether to credit pre-sentence custody and how much
  3. 3 Appropriate period and conditions of probation

Ratio Decidendi

The court imposed a single global custodial sentence of one year because the offences reflected a persistent disrespect for court orders and the rule of law, the offender had a substantial prior record though not at the extreme of comparators, and denunciation, specific and general deterrence and protection of victims required a custodial response; three months pre-sentence custody was credited leaving nine months additional custody, and a three year probation with specific restrictive and supervisory conditions was necessary for public and victim protection and rehabilitation.

Court Disposition

Global sentence of one year imprisonment with credit for three months pre-sentence custody (resulting in nine months additional custody) and probation for three years with detailed conditions.

Orders

  • Custodial sentence: one year imprisonment with credit for three months pre-sentence custody (resulting in nine months additional custody)
  • Probation for a period of three years with statutory terms: (1) keep the peace and be of good behaviour; (2) appear before the court when required; (3) notify the court or probation officer of any change of name or address and promptly notify of any change of employment or occupation