R. v. Marshall

R. v. Marshall

Leave to appeal was granted but the appeal was dismissed because the sentencing judge did not err in principle and the effective sentence of 27 months was not demonstrably unfit given the appellant's significant criminal history, aggravating features of the offence, and the judge's consideration of rehabilitation...

Source-derived case information.

Citation
2008 BCCA 506
Parties
Respondent (crown): Regina; Appellant: Christopher Lee Marshall
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
28 November 2008
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Sentence; Leave Granted and Substantive Appeal Considered
Outcome
Leave to appeal granted; appeal dismissed; original sentence upheld
Legal Topics
Robbery, Sentence Fitness, Deterrence, Rehabilitation, Credit for Time Served, Prior Convictions
Source Language
english
Criminal Law Sentencing Appeal Robbery Sentence Fitness Deterrence Rehabilitation Credit for Time Served +1 more

Source-derived case record

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Parties

Regina

Respondent (crown)

Christopher Lee Marshall

Appellant

Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Sentence; Leave Granted and Substantive Appeal Considered

Legal Issues

  1. 1 Whether the sentence was unfit or outside the appropriate range for similar offenders
  2. 2 Whether the sentencing judge over‑emphasized deterrence to the exclusion of rehabilitation
  3. 3 Whether the sentencing judge failed to give adequate weight to the appellant's personal circumstances and prospects for rehabilitation

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because the sentencing judge did not err in principle and the effective sentence of 27 months was not demonstrably unfit given the appellant's significant criminal history, aggravating features of the offence, and the judge's consideration of rehabilitation balanced against deterrence and denunciation.

Court Disposition

Leave to appeal granted; appeal dismissed; original sentence upheld

Orders

  • Leave to appeal sentence granted
  • Appeal dismissed