R. v. Tschritter

R. v. Tschritter

Because the offences involved serious and sustained violence causing a significant brain injury, and because the co-offender received a lesser sentence due to a guilty plea and remorse, the court imposed a 14-month custodial sentence concurrent on both counts balancing denunciation/deterrence with the offender's youth and recent rehabilitative progress; followed by 24 months probation, a DNA order and a ten-year firearms prohibition, with the victim fine surcharge waived.

Citation
2012 BCSC 1992
Parties
Crown: Regina; Accused: Ashleigh Danielle Tschritter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 November 2012
Procedural Posture
Criminal (aggravated Assault; Robbery) / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Accused sentenced to 14 months imprisonment on each count to run concurrently; followed by 24 months probation; DNA order; ten-year firearms prohibition under s.109; victim fine surcharge waived.
Legal Topics
Sentencing, Aggravated Assault, Robbery, Probation, DNA Order, Firearms Prohibition, Parity in Sentencing
Source Language
English
Criminal Law Sentencing Aggravated Assault Robbery Probation DNA Order Firearms Prohibition Parity in Sentencing

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Parties

Regina

Crown

Ashleigh Danielle Tschritter

Accused

Procedural Posture

Criminal (aggravated Assault; Robbery) / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for aggravated assault and robbery causing serious injury
  2. 2 Application of sentencing principles in ss. 718–718.2 of the Criminal Code
  3. 3 Whether parity with co-offender Skerratt requires identical sentence

Ratio Decidendi

Because the offences involved serious and sustained violence causing a significant brain injury, and because the co-offender received a lesser sentence due to a guilty plea and remorse, the court imposed a 14-month custodial sentence concurrent on both counts balancing denunciation/deterrence with the offender's youth and recent rehabilitative progress; followed by 24 months probation, a DNA order and a ten-year firearms prohibition, with the victim fine surcharge waived.

Court Disposition

Accused sentenced to 14 months imprisonment on each count to run concurrently; followed by 24 months probation; DNA order; ten-year firearms prohibition under s.109; victim fine surcharge waived.

Orders

  • Imprisonment: 14 months on each count, to run concurrently
  • Probation for 24 months with terms: (1) keep the peace and be of good behaviour; (2) report in person to a probation officer within 72 hours of release and thereafter as directed; (3) inform probation officer of residential address and phone and not change without prior written notice; (4) notify court or probation...