R. v. Jensen

R. v. Jensen

The joint sentencing submission met the high public interest threshold established in R. v. Anthony‑Cook and was therefore adopted: the accused was sentenced to an effective term of four years less a day (with credit for time served leaving two years less a day remaining to be served), concurrent on counts, followed by three years probation with detailed conditions, and ancillary orders including DNA, lifetime weapons prohibition, no contact during custody and probation, and a stay on other counts.

Citation
2016 BCSC 2317
Parties
Crown: Regina; Accused: Ryan Christopher Jensen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 October 2016
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas accepted; sentence imposed in accordance with joint submission
Legal Topics
Assault Causing Bodily Harm, Assault With a Weapon, Joint Sentencing Submission, Probation Conditions, Ancillary Orders, Denunciation and Deterrence
Source Language
English
Criminal Law Sentencing Domestic Violence Child Protection Assault Causing Bodily Harm Assault With a Weapon Joint Sentencing Submission Probation Conditions +2 more

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Parties

Regina

Crown

Ryan Christopher Jensen

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple assaults including offences against a child
  2. 2 Application and weight of aggravating and mitigating factors
  3. 3 Validity and enforceability of a joint sentencing submission under the public interest test (Anthony‑Cook)

Ratio Decidendi

The joint sentencing submission met the high public interest threshold established in R. v. Anthony‑Cook and was therefore adopted: the accused was sentenced to an effective term of four years less a day (with credit for time served leaving two years less a day remaining to be served), concurrent on counts, followed by three years probation with detailed conditions, and ancillary orders including DNA, lifetime weapons prohibition, no contact during custody and probation, and a stay on other counts.

Court Disposition

Guilty pleas accepted; sentence imposed in accordance with joint submission

Orders

  • Effective sentence of four years less a day (concurrent on counts); credit for time served resulting in two years less a day remaining custody
  • Three years probation with specified conditions including no contact with G., K., or L.B., 200 metre exclusion, counselling, restrictions on contact with children under 12, weapons prohibition, abstention from alcohol and drugs except prescribed medications, reporting to probation officer