R. v. Patrick

R. v. Patrick

Given the offender's age, extensive criminal history, severe substance abuse, probable neurodevelopmental injury and high risk of further serious harm, the court suspended the passing of sentence under s.731(1)(a) and imposed a three-year probation order with tightly tailored, mandatory rehabilitative and restrictive conditions (residence and reporting at an Aboriginal treatment centre, counselling, neuropsychological assessment, abstention from alcohol and drugs), waived the victim fine surcharge, declined a DNA order because DNA was already taken, and imposed a lifetime firearms prohibition under s.109(2) to protect the public and facilitate rehabilitation.

Citation
2011 BCSC 1885
Parties
Crown: Regina; Accused: Frederick Wilfred Patrick
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 December 2011
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Passing of sentence suspended; three-year probation order imposed with mandatory rehabilitative and restrictive conditions
Legal Topics
Assault Causing Bodily Harm, Probation Order, Suspended Passing of Sentence, Firearms Prohibition, Victim Fine Surcharge, Neuropsychological Assessment, Treatment Centre Conditions, Gladue Considerations
Source Language
English
Criminal Law Sentencing Aboriginal Law Probation Mental Health and Addiction Assault Causing Bodily Harm Probation Order Suspended Passing of Sentence +5 more

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Parties

Regina

Crown

Frederick Wilfred Patrick

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether to suspend passing of sentence under s.731(1)(a)
  2. 2 Appropriate length and terms of a probation order focusing on rehabilitation
  3. 3 Application of Aboriginal sentencing considerations and culturally appropriate treatment

Ratio Decidendi

Given the offender's age, extensive criminal history, severe substance abuse, probable neurodevelopmental injury and high risk of further serious harm, the court suspended the passing of sentence under s.731(1)(a) and imposed a three-year probation order with tightly tailored, mandatory rehabilitative and restrictive conditions (residence and reporting at an Aboriginal treatment centre, counselling, neuropsychological assessment, abstention from alcohol and drugs), waived the victim fine surcharge, declined a DNA order because DNA was already taken, and imposed a lifetime firearms prohibition under s.109(2) to protect the public and facilitate rehabilitation.

Court Disposition

Passing of sentence suspended; three-year probation order imposed with mandatory rehabilitative and restrictive conditions

Orders

  • Suspend passing of sentence pursuant to Criminal Code s.731(1)(a) and impose a three year probation order
  • Probationer to keep the peace and be of good behaviour and to appear in court when required