R. v. Glew

R. v. Glew

Given the accused's limited role as an aider, lack of prior record, compliance with bail, low risk of reoffending and the importance of denunciation and general deterrence for metal thefts, a non-custodial but punitive conditional sentence of four months with strict conditions is proportionate; victim surcharge is...

Source-derived case information.

Citation
2014 BCSC 156
Parties
Crown: Regina; Accused: Anna Marie Glew
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 January 2014
Procedural Posture
Criminal Theft and Mischief / Sentencing (oral Reasons for Sentence)
Outcome
Conditional sentence of four months imposed; victim surcharge waived.
Legal Topics
Theft, Mischief, Aiding, Conditional Sentence, Denunciation, General Deterrence, Probation, Victim Surcharge
Source Language
english
Criminal Law Sentencing Property Offences Aiding and Abetting Theft Mischief Aiding Conditional Sentence +4 more

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Parties

Regina

Crown

Anna Marie Glew

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether a custodial sentence is necessary
  2. 2 Appropriate sentence for an aider under s.21(1)(b) Criminal Code
  3. 3 Weight to give denunciation and general deterrence given low moral culpability

Ratio Decidendi

Given the accused's limited role as an aider, lack of prior record, compliance with bail, low risk of reoffending and the importance of denunciation and general deterrence for metal thefts, a non-custodial but punitive conditional sentence of four months with strict conditions is proportionate; victim surcharge is waived due to financial hardship.

Court Disposition

Conditional sentence of four months imposed; victim surcharge waived.

Orders

  • Keep the peace and be of good behaviour.
  • Appear before the Court when required.