R. v. Ferguson

R. v. Ferguson

The court accepted the joint recommendation because the proposed sentences were within recognized ranges, not contrary to the public interest and would not bring the administration of justice into disrepute; accordingly imposed the joint sentences and ancillary statutory orders (DNA sampling, firearms prohibitions, contact restrictions), ordered victim fine surcharges with default findings where appropriate, directed forwarding of materials to Correctional Service of Canada, and entered stays as agreed.

Citation
2017 BCSC 1774
Parties
Crown: Regina; Accused: Benjamin Garrett Ferguson; Accused: Jessie D'Anthony Hart; Accused: Matthew McKenzie Whitty
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 September 2017
Procedural Posture
Criminal / Sentencing After Guilty Pleas Entered at Opening of Trial
Outcome
Court accepted joint submissions and imposed sentences and ancillary orders as follows: Ferguson – credit for 30 days pretrial custody equivalent and one additional day imprisonment (non‑custodial execution), three years probation with specific conditions; Hart – two years imprisonment (to be served in...
Legal Topics
Assault, Assault With a Weapon, Unlawful Confinement, Joint Submission on Sentence, Pretrial Custody Credit, DNA Order, Firearm Prohibition, Victim Fine Surcharge, Concurrent Sentences, Stay of Proceedings
Source Language
English
Criminal Law Sentencing Ancillary Orders Probation Assault Assault With a Weapon Unlawful Confinement Joint Submission on Sentence +6 more

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Parties

Regina

Crown

Benjamin Garrett Ferguson

Accused

Jessie D'Anthony Hart

Accused

Matthew McKenzie Whitty

Accused

Procedural Posture

Criminal / Sentencing After Guilty Pleas Entered at Opening of Trial

Legal Issues

  1. 1 Whether to accept joint submission on sentence
  2. 2 Appropriate custodial and probationary sentences for each accused
  3. 3 Appropriate ancillary orders including DNA sample and weapons prohibitions

Ratio Decidendi

The court accepted the joint recommendation because the proposed sentences were within recognized ranges, not contrary to the public interest and would not bring the administration of justice into disrepute; accordingly imposed the joint sentences and ancillary statutory orders (DNA sampling, firearms prohibitions, contact restrictions), ordered victim fine surcharges with default findings where appropriate, directed forwarding of materials to Correctional Service of Canada, and entered stays as agreed.

Court Disposition

Court accepted joint submissions and imposed sentences and ancillary orders as follows: Ferguson – credit for 30 days pretrial custody equivalent and one additional day imprisonment (non‑custodial execution), three years probation with specific conditions; Hart – two years imprisonment (to be served in...

Orders

  • Benjamin Garrett Ferguson: credit 30 days pretrial custody equivalent; additional one day imprisonment (non‑custodial); three years probation with conditions as stated in reasons; report to Surrey RCMP to provide DNA sample before end of September 2017; firearms prohibition for ten years (s.110); prohibition on...