R. v. Cromwell

R. v. Cromwell

The court sentenced the accused to 20 months imprisonment for carrying a concealed weapon and 4 months consecutive for theft (total 24 months) but, applying credit for 11 months and 20 days in custody (credited as two years less one day), imposed an effective sentence of one day imprisonment; a firearms prohibition under s.109(1) for 10 years was ordered with surrender within 48 hours, and a $100 victim fine surcharge was imposed on each conviction (total $200) with two months to pay.

Citation
2007 BCSC 660
Parties
Crown: Regina; Accused: Travis William Cromwell; Accused: Kelly Vonhiltgen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 February 2007
Procedural Posture
Criminal (theft and Carrying a Concealed Weapon) / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted of theft (included offence) and carrying a concealed weapon; sentence imposed as described below
Legal Topics
Theft Under $5, 000, Carrying a Concealed Weapon, Sentencing Credit for Pre Trial Custody, Firearms Prohibition Under S.109, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Firearms Law Property Offences Theft Under $5,000 Carrying a Concealed Weapon Sentencing Credit for Pre Trial Custody Firearms Prohibition Under S.109 +1 more

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Parties

Regina

Crown

Travis William Cromwell

Accused

Kelly Vonhiltgen

Accused

Procedural Posture

Criminal (theft and Carrying a Concealed Weapon) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Proper classification and sentence for theft under $5,000
  2. 2 Proper sentence for carrying a concealed weapon with loaded handgun
  3. 3 Application and calculation of pre-trial custody credit (two-for-one rule)

Ratio Decidendi

The court sentenced the accused to 20 months imprisonment for carrying a concealed weapon and 4 months consecutive for theft (total 24 months) but, applying credit for 11 months and 20 days in custody (credited as two years less one day), imposed an effective sentence of one day imprisonment; a firearms prohibition under s.109(1) for 10 years was ordered with surrender within 48 hours, and a $100 victim fine surcharge was imposed on each conviction (total $200) with two months to pay.

Court Disposition

Accused convicted of theft (included offence) and carrying a concealed weapon; sentence imposed as described below

Orders

  • Imprisonment: one day custody (effective sentence after credit) applied concurrent to Counts 1 and 5, credit applied equal to two years less one day
  • Sentence pronounced would have been 20 months (Count 5) plus 4 months consecutive (Count 1) totalling 24 months before credit