R. v. Peters

R. v. Peters

A conditional discharge would be contrary to the public interest given the breach of trust by an on-duty RCMP officer, the deliberate aspects of the conduct (removal to a remote location), the significant injuries inflicted, and the attempted cover-up; therefore a six-month custodial sentence is warranted but may be...

Source-derived case information.

Citation
2008 BCSC 1839
Parties
Crown: Regina; Accused: Saxon Peters
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 December 2008
Procedural Posture
Criminal Assault Causing Bodily Harm / Sentencing Judgment (oral Reasons for Sentence)
Outcome
Accused convicted of assault causing bodily harm; six-month sentence to be served in the community as a conditional sentence
Legal Topics
Assault Causing Bodily Harm, Abuse of Authority, General Deterrence, Denunciation, Conditional Sentence, Conditional Discharge, DNA Sample Order, Firearms Prohibition
Source Language
english
Criminal Law Sentencing Police Misconduct Evidence DNA Firearms Law Assault Causing Bodily Harm Abuse of Authority General Deterrence +5 more

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Parties

Regina

Crown

Saxon Peters

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Sentencing Judgment (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether a conditional discharge under s.730 is appropriate or contrary to the public interest
  2. 2 Whether a custodial sentence is required and if it can be served as a conditional sentence in the community
  3. 3 Application of principles of general deterrence and denunciation for an on-duty police officer who assaulted a person under his control

Ratio Decidendi

A conditional discharge would be contrary to the public interest given the breach of trust by an on-duty RCMP officer, the deliberate aspects of the conduct (removal to a remote location), the significant injuries inflicted, and the attempted cover-up; therefore a six-month custodial sentence is warranted but may be served in the community as a conditional sentence with mandatory DNA order and firearms prohibition in accordance with the Criminal Code.

Court Disposition

Accused convicted of assault causing bodily harm; six-month sentence to be served in the community as a conditional sentence

Orders

  • Conditional sentence of six months to be served in the community pursuant to s.742.1 of the Criminal Code
  • Mandatory conditions: keep the peace and be of good behaviour; appear when required; report in person to a conditional sentence supervisor by 4:00 p.m. on December 23, 2008 and thereafter as directed; remain within the court jurisdiction unless written permission obtained; notify court or supervisor of any change of...