R. v. Jasper

R. v. Jasper

Court balanced aggravating factors (egregious prolonged dangerous driving, significant criminal record, multiple victims) against mitigating factors (guilty plea, remorse, rehabilitation efforts, Gladue factors and adverse drug reaction) and found Crown's 40‑month recommendation excessive and defence position...

Source-derived case information.

Citation
2020 BCSC 2119
Parties
Crown: Regina; Accused: Steven Martin Jasper
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 December 2020
Procedural Posture
Criminal / Sentencing Hearing (oral Reasons)
Outcome
Accused sentenced to a global custodial term of 30 months; credit applied for pre‑sentence custody resulting in approximately nine months and one week remaining to serve; ancillary orders imposed.
Legal Topics
Sentencing Principles, Gladue Factors, Diminished Responsibility (drug Reaction), Credit for Time Served, Driving Prohibition, Probation Conditions, Firearm Prohibition, DNA Order
Source Language
english
Criminal Law Sentencing Dangerous Driving Theft Robbery Sentencing Principles Gladue Factors Diminished Responsibility (drug Reaction) +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Steven Martin Jasper

Accused

Procedural Posture

Criminal / Sentencing Hearing (oral Reasons)

Legal Issues

  1. 1 What global sentence is fit given dangerous driving, theft and attempted robbery
  2. 2 Appropriate weight to give Gladue factors and rehabilitation efforts
  3. 3 Effect of adverse drug reaction on criminal responsibility and sentencing

Ratio Decidendi

Court balanced aggravating factors (egregious prolonged dangerous driving, significant criminal record, multiple victims) against mitigating factors (guilty plea, remorse, rehabilitation efforts, Gladue factors and adverse drug reaction) and found Crown's 40‑month recommendation excessive and defence position inadequate; imposed a global custodial sentence of 30 months with a specified breakdown, applied credited custody time leaving approximately nine months and one week remaining to be served, and imposed probation and statutory prohibitions to achieve denunciation, deterrence and rehabilitation.

Court Disposition

Accused sentenced to a global custodial term of 30 months; credit applied for pre‑sentence custody resulting in approximately nine months and one week remaining to serve; ancillary orders imposed.

Orders

  • Global custodial sentence of 30 months: 18 months on Count 1 (theft of taxi), 12 months on Count 2 (attempted robbery) to be served consecutively; Count 3 (dangerous operation) 18 months concurrent with Counts 1 and 2
  • Credit for pre‑sentence custody (602 days calculated with time‑and‑a‑half credit plus additional credit) resulting in accused required to remain in custody for a further nine months and one week