R. v. Dyck

R. v. Dyck

Balancing significant aggravating factors (theft of firearms never recovered, destruction of property, commission of offence within 24 hours of receiving conditional sentence demonstrating disregard for court orders and extensive prior record) against mitigating factors (initial steps toward rehabilitation, cooperation in locating ATVs, expressed remorse), a custodial sentence is required; four years would be fit but, applying the totality principle against the 13 months remaining custody, the sentence was reduced to three years imprisonment on Count 2 to be served consecutively to current custody with 87 days pre‑trial credit and ancillary orders (lifetime firearms prohibition, DNA...

Citation
2015 BCSC 1937
Parties
Crown: Regina; Accused: Jason Aran Martin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 September 2015
Procedural Posture
Criminal Indictment / Sentencing
Outcome
Convicted on Count 2; conditional stay entered on Count 1; sentenced to three years' imprisonment on Count 2 to be served consecutively to sentence currently being served; ancillary orders made.
Legal Topics
Sentencing Principles, Totality Principle, Consecutive Versus Concurrent Sentences, Firearms Prohibition, DNA Order, Forfeiture
Source Language
English
Criminal Law Sentencing Firearms Property Offences Sentencing Principles Totality Principle Consecutive Versus Concurrent Sentences Firearms Prohibition +2 more

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Parties

Regina

Crown

Jason Aran Martin

Accused

Procedural Posture

Criminal Indictment / Sentencing

Legal Issues

  1. 1 Appropriate quantum of sentence for break and enter with theft of firearms
  2. 2 Whether sentence should be consecutive or concurrent to existing custody
  3. 3 Application of the totality principle to aggregate sentences

Ratio Decidendi

Balancing significant aggravating factors (theft of firearms never recovered, destruction of property, commission of offence within 24 hours of receiving conditional sentence demonstrating disregard for court orders and extensive prior record) against mitigating factors (initial steps toward rehabilitation, cooperation in locating ATVs, expressed remorse), a custodial sentence is required; four years would be fit but, applying the totality principle against the 13 months remaining custody, the sentence was reduced to three years imprisonment on Count 2 to be served consecutively to current custody with 87 days pre‑trial credit and ancillary orders (lifetime firearms prohibition, DNA...

Court Disposition

Convicted on Count 2; conditional stay entered on Count 1; sentenced to three years' imprisonment on Count 2 to be served consecutively to sentence currently being served; ancillary orders made.

Orders

  • Conditional stay of proceedings as to Count 1 pursuant to R. v. Kienapple
  • Sentence of three years' imprisonment on Count 2 to be served consecutively to sentence currently being served