R. v. Burke

R. v. Burke

The court imposed a global custodial sentence of six years, applied pre-trial custody credit at the 1.5:1 ratio for two years served (3 years credit), leaving three years to be imposed; the sentence reflects the seriousness, prolonged and sexual nature of the offences, prior domestic sexual violence, high risk of future intimate partner violence and the need for denunciation and deterrence. The court declined to make an order under s.743.6(1) delaying parole eligibility given the length of the sentence and available federal corrections monitoring and programs.

Citation
2014 BCSC 2082
Parties
Crown: Regina; Accused: Jody Matthew Burke
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 October 2014
Procedural Posture
Criminal Domestic Violence/sexual Offences / Sentencing (oral Reasons for Sentence)
Outcome
Global sentence of six years' imprisonment; pre-trial custody credited at 1.5:1 totalling three years credit; remaining custodial term to be served is three years; no s.743.6(1) order made; ancillary orders as sought by Crown; victim surcharge payment due within one year after sentence expiration.
Legal Topics
Sentencing Principles, Pre Trial Custody Credit, Denunciation and Deterrence, Breach of Trust, Risk Assessment
Source Language
English
Criminal Law Domestic Violence Sexual Assault Assault Sentencing Law Parole Ineligibility Sentencing Principles Pre Trial Custody Credit +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Jody Matthew Burke

Accused

Procedural Posture

Criminal Domestic Violence/sexual Offences / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate global sentence for multiple counts of assault, sexual assault and assault causing bodily harm arising from intimate partner violence
  2. 2 Appropriate credit for pre-trial custody (1:1 v 1.5:1)
  3. 3 Whether to impose an order under s.743.6(1) delaying parole eligibility

Ratio Decidendi

The court imposed a global custodial sentence of six years, applied pre-trial custody credit at the 1.5:1 ratio for two years served (3 years credit), leaving three years to be imposed; the sentence reflects the seriousness, prolonged and sexual nature of the offences, prior domestic sexual violence, high risk of future intimate partner violence and the need for denunciation and deterrence. The court declined to make an order under s.743.6(1) delaying parole eligibility given the length of the sentence and available federal corrections monitoring and programs.

Court Disposition

Global sentence of six years' imprisonment; pre-trial custody credited at 1.5:1 totalling three years credit; remaining custodial term to be served is three years; no s.743.6(1) order made; ancillary orders as sought by Crown; victim surcharge payment due within one year after sentence expiration.

Orders

  • Imposed global sentence of six years' imprisonment
  • Pre-trial custody credit awarded at 1.5:1 totaling three years (credit for two years served)