R. v. Gullett

R. v. Gullett

The appropriate global sentence is three years' incarceration given the seriousness of harm caused by criminally negligent flight, the offender's significant prior record and drug-related propensity to reoffend; a conditional sentence would be disproportionate. The court imposed 20 months on the criminal negligence count (Count 2) with concurrent six month sentences on other counts, and ordered DNA, lifetime firearms prohibition and a five year driving prohibition.

Citation
2009 BCSC 1918
Parties
Crown: Regina; Accused: Forrest Alexander Gullett
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 November 2009
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Guilty; sentenced
Legal Topics
Sentencing Objectives, Aggravating and Mitigating Factors, Conditional Sentence, Firearms Prohibition, DNA Order, Driving Prohibition, Precedent on Dangerous Flight
Source Language
English
Criminal Law Sentencing Driving Offences Property Offences Drug Addiction Sentencing Objectives Aggravating and Mitigating Factors Conditional Sentence +4 more

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Parties

Regina

Crown

Forrest Alexander Gullett

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate global sentence for theft over $5,000, criminal negligence causing bodily harm, and leaving the scene
  2. 2 Whether a conditional sentence is appropriate
  3. 3 Appropriate duration of driving prohibition

Ratio Decidendi

The appropriate global sentence is three years' incarceration given the seriousness of harm caused by criminally negligent flight, the offender's significant prior record and drug-related propensity to reoffend; a conditional sentence would be disproportionate. The court imposed 20 months on the criminal negligence count (Count 2) with concurrent six month sentences on other counts, and ordered DNA, lifetime firearms prohibition and a five year driving prohibition.

Court Disposition

Guilty; sentenced

Orders

  • Global sentence of three years' imprisonment
  • Further sentence of 20 months' incarceration on Count 2 (criminal negligence causing bodily harm)