R. v. Kelly

R. v. Kelly

Given moderate gravity but fairly high moral blameworthiness and significant planning, a 25-month global custodial sentence was appropriate; because the accused had 20 months' pre-trial custody for offences committed before the one-to-one rule, he was credited 40 months, resulting in an effective custodial term of one day; certain theft counts were conditionally stayed; restitution was payable to specified victims in specified amounts; victim fine surcharge waived.

Citation
2014 BCSC 695
Parties
Crown: Regina; Accused: Ralph Bartholomew Kelly; Amicus Curiae: J. Blazina
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 February 2014
Procedural Posture
Criminal Fraud and Theft / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted on four counts of fraud and three counts of theft; global sentence of 25 months imposed but credited with 40 months pre-trial custody resulting in effective custodial sentence of one day; specified restitution orders made; conditional stays entered on specified theft counts; victim fine surcharge...
Legal Topics
Sentencing Range, Pre Trial Custody Credit, Restitution Order, Conditional Stay, Concurrent Sentencing, Aggravating and Mitigating Factors, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Restitution Fraud Theft Sentencing Range Pre Trial Custody Credit Restitution Order +4 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 3 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Regina

Crown

Ralph Bartholomew Kelly

Accused

J. Blazina

Amicus Curiae

Procedural Posture

Criminal Fraud and Theft / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate global sentence for multiple linked fraud offences
  2. 2 Extent of pre-trial custody credit given offences pre-dating one-to-one rule
  3. 3 Whether and in what amounts restitution should be ordered and to whom

Ratio Decidendi

Given moderate gravity but fairly high moral blameworthiness and significant planning, a 25-month global custodial sentence was appropriate; because the accused had 20 months' pre-trial custody for offences committed before the one-to-one rule, he was credited 40 months, resulting in an effective custodial term of one day; certain theft counts were conditionally stayed; restitution was payable to specified victims in specified amounts; victim fine surcharge waived.

Court Disposition

Accused convicted on four counts of fraud and three counts of theft; global sentence of 25 months imposed but credited with 40 months pre-trial custody resulting in effective custodial sentence of one day; specified restitution orders made; conditional stays entered on specified theft counts; victim fine surcharge...

Orders

  • Convict Ralph Bartholomew Kelly on Counts 1,5,7,11 (fraud counts as found by jury) and Counts 2,6,8 (theft counts as found by jury) as per verdicts.
  • Impose global custodial sentence of 25 months (to have been imposed absent credit).