R. v. Webb

R. v. Webb

The court accepted the joint submission and imposed a total custodial sentence of 40 months with 24 months credit (16 months remaining), ordered the mandatory one‑year term for the use of an imitation firearm to be served consecutively, imposed a three‑year probation with specified conditions including counselling and weapons/ imitation weapons prohibition, ordered inclusion of a DNA sample in the National DNA Databank, imposed a lifetime firearms prohibition under s.109, and waived the victim fine surcharge because the offences predated the amendments and given the accused's custodial situation.

Citation
2014 BCSC 1840
Parties
Crown: Regina; Accused: Shaymon Ernest Webb
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 September 2014
Procedural Posture
Criminal / Sentencing / Oral Reasons for Sentence
Outcome
Sentence imposed as agreed: custodial and ancillary orders
Legal Topics
Sentencing, Robbery, Imitation Firearm Use, DNA Order, Firearms Prohibition, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Robbery Imitation Firearm Use DNA Order Firearms Prohibition Victim Fine Surcharge

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Parties

Regina

Crown

Shaymon Ernest Webb

Accused

Procedural Posture

Criminal / Sentencing / Oral Reasons for Sentence

Legal Issues

  1. 1 Appropriate custodial sentence for robbery and related offences
  2. 2 Application of mandatory minimum one‑year term for use of imitation firearm and whether it is consecutive
  3. 3 Imposition of probation conditions including counselling and weapons prohibition

Ratio Decidendi

The court accepted the joint submission and imposed a total custodial sentence of 40 months with 24 months credit (16 months remaining), ordered the mandatory one‑year term for the use of an imitation firearm to be served consecutively, imposed a three‑year probation with specified conditions including counselling and weapons/ imitation weapons prohibition, ordered inclusion of a DNA sample in the National DNA Databank, imposed a lifetime firearms prohibition under s.109, and waived the victim fine surcharge because the offences predated the amendments and given the accused's custodial situation.

Court Disposition

Sentence imposed as agreed: custodial and ancillary orders

Orders

  • Total incarceration 40 months with credit for time served of 24 months (16 months remaining)
  • Mandatory one‑year term for Count 8 (use of imitation firearm) to be served consecutively with robbery sentence