R. v. Goldberg

R. v. Goldberg

The court found the offender's intent crystallized at the confrontation but the case was less aggravated than leading first-degree-attempted-murder precedents; balancing denunciation, deterrence and community protection against mitigating factors (lack of prior record, serious injuries suffered, family support and...

Source-derived case information.

Citation
2012 BCSC 2060
Parties
Crown: Regina; Offender: David Ross Goldberg
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 May 2012
Procedural Posture
Criminal Attempted Murder and Possession of Explosive Substances / Sentencing
Outcome
Offender convicted and sentenced following guilty verdicts; custodial and ancillary orders imposed
Legal Topics
Attempted Murder, Possession of Explosive Substances, Pre Sentence Custody Credit, Probation Order, Weapons Prohibition, DNA Order, Concurrent Sentences, Deportation as Mitigation
Source Language
english
Criminal Law Sentencing Firearms Law Explosives Law Immigration (deportation) Attempted Murder Possession of Explosive Substances Pre Sentence Custody Credit +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

David Ross Goldberg

Offender

Procedural Posture

Criminal Attempted Murder and Possession of Explosive Substances / Sentencing

Legal Issues

  1. 1 Whether the offender had requisite intent to commit attempted murder and the degree of premeditation
  2. 2 Appropriate range and quantum of sentence for two counts of attempted murder and one count of possession of explosive substances
  3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

The court found the offender's intent crystallized at the confrontation but the case was less aggravated than leading first-degree-attempted-murder precedents; balancing denunciation, deterrence and community protection against mitigating factors (lack of prior record, serious injuries suffered, family support and impending deportation), the appropriate sentences are 9.5 years for each attempted murder and 18 months for possession of explosive substances to be served concurrently; pre-sentence custody of approximately 3 years 8 months is credited at two-for-one (7.5 years), resulting in an additional custodial term of two years less one day; ancillary orders include a three-year probation...

Court Disposition

Offender convicted and sentenced following guilty verdicts; custodial and ancillary orders imposed

Orders

  • Attempted murder (Tasha Aroonjaratsang): 9.5 years imprisonment
  • Attempted murder (Jeremy Walsh): 9.5 years imprisonment