R. v. Chatur

R. v. Chatur

The sentencing judge properly applied sentencing principles, gave adequate weight to aggravating and mitigating factors, reasonably concluded that deterrence and denunciation required a custodial element and that a custodial sentence could be served by way of a conditional sentence order; there was no error in principle and the sentence was not demonstrably unfit, so the appeal is dismissed.

Citation
2011 BCSC 1200
Parties
Crown: Regina; Accused: Alif Madataly Chatur
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 September 2011
Procedural Posture
Criminal Appeal / Sentencing Appeal From Provincial Court
Outcome
Appeal dismissed; original sentence upheld
Legal Topics
Sentencing, Conditional Discharge, Conditional Sentence Order, Deterrence, Denunciation, Assault Causing Bodily Harm, Uttering Threats, Appellate Review
Source Language
English
Criminal Law Sentencing Conditional Discharge Conditional Sentence Order Deterrence Denunciation Assault Causing Bodily Harm Uttering Threats +1 more

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Parties

Regina

Crown

Alif Madataly Chatur

Accused

Procedural Posture

Criminal Appeal / Sentencing Appeal From Provincial Court

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to grant a conditional discharge
  2. 2 Whether the imposed sentence was unfit or the result of an error in principle
  3. 3 Whether the sentencing judge over-emphasized deterrence and denunciation

Ratio Decidendi

The sentencing judge properly applied sentencing principles, gave adequate weight to aggravating and mitigating factors, reasonably concluded that deterrence and denunciation required a custodial element and that a custodial sentence could be served by way of a conditional sentence order; there was no error in principle and the sentence was not demonstrably unfit, so the appeal is dismissed.

Court Disposition

Appeal dismissed; original sentence upheld

Orders

  • Appeal dismissed
  • Original sentence of a five month conditional sentence order on each count to be served concurrently is upheld