R. v. Morrison

R. v. Morrison

The appeal is dismissed because the sentencing judge properly treated the appellant's prior record as a relevant aggravating factor, expressly considered and accounted for the appellant's assault in custody and COVID-19 conditions, applied pre-trial custody credit correctly, imposed sentences within established...

Source-derived case information.

Citation
2023 BCCA 242
Parties
Appellant: Bryan Daniel Morrison; Respondent: Rex
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
31 January 2023
Procedural Posture
Criminal Appeal (sentence) / Court of Appeal Decision on Sentence Appeal
Outcome
Appeal dismissed
Legal Topics
Assault, Assault Causing Bodily Harm, Assault by Choking, Aggravating and Mitigating Factors, Pre Trial Custody Credit, Totality Principle, Related Record
Source Language
english
Criminal Law Sentencing Domestic Violence Assault Assault Causing Bodily Harm Assault by Choking Aggravating and Mitigating Factors Pre Trial Custody Credit +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bryan Daniel Morrison

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal (sentence) / Court of Appeal Decision on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred by giving inappropriate weight to the appellant's criminal record as an aggravating factor
  2. 2 Whether the sentencing judge failed to account for mitigating factors including assault suffered in custody and harsh COVID-19 conditions
  3. 3 Whether the overall sentence was demonstrably unfit

Ratio Decidendi

The appeal is dismissed because the sentencing judge properly treated the appellant's prior record as a relevant aggravating factor, expressly considered and accounted for the appellant's assault in custody and COVID-19 conditions, applied pre-trial custody credit correctly, imposed sentences within established ranges for related spousal assault offences, and respected the totality principle; therefore the aggregate sentence of 802 days (27 months) is not demonstrably unfit.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Sentence of 802 days (27 months) imprisonment upheld