R. v. Soderberg

R. v. Soderberg

Given the seriousness of possessing multiple loaded firearms with drugs and indicators of trafficking, combined with aggravating conduct (drug intoxication, attempt to evade police, breaches while on bail and prior firearms prohibitions), a significant custodial sentence was required; however, meaningful weight must be given to Gladue and totality, rehabilitation prospects and the offender's expressed remorse, leading to a fit global sentence of five years with specified concurrent and consecutive allocations and pre-trial custody credit applied at 1.5 days per day (1028 days).

Citation
2024 BCSC 1099
Parties
Crown: Rex; Defendant: Collin William Soderberg
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 June 2024
Procedural Posture
Criminal / Sentencing
Outcome
Global sentence imposed: five years imprisonment; fine $1,000; ancillary orders made including DNA sample, lifetime firearms prohibition, driving prohibition, forwarding reports, and forfeiture of seized firearms and ammunition.
Legal Topics
Possession of Loaded Restricted/prohibited Firearm, Possession of Firearm While Prohibited, Occupying a Motor Vehicle With Firearm, Operating a Vehicle While Prohibited, Breach of Release Order, Gladue Factors, Pre Trial Custody Credit, Ancillary Orders and Forfeiture
Source Language
English
Criminal Law Firearms Law Sentencing Indigenous/gladue Considerations Drugs and Controlled Substances Possession of Loaded Restricted/prohibited Firearm Possession of Firearm While Prohibited Occupying a Motor Vehicle With Firearm +5 more

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Parties

Rex

Crown

Collin William Soderberg

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for multiple firearms and related offences under ss.94,95,117.01,320.18 and 145(5)
  2. 2 Proper application and weight of Gladue factors in sentencing an Indigenous offender
  3. 3 Application of totality principle and concurrency/consecutive sentences

Ratio Decidendi

Given the seriousness of possessing multiple loaded firearms with drugs and indicators of trafficking, combined with aggravating conduct (drug intoxication, attempt to evade police, breaches while on bail and prior firearms prohibitions), a significant custodial sentence was required; however, meaningful weight must be given to Gladue and totality, rehabilitation prospects and the offender's expressed remorse, leading to a fit global sentence of five years with specified concurrent and consecutive allocations and pre-trial custody credit applied at 1.5 days per day (1028 days).

Court Disposition

Global sentence imposed: five years imprisonment; fine $1,000; ancillary orders made including DNA sample, lifetime firearms prohibition, driving prohibition, forwarding reports, and forfeiture of seized firearms and ammunition.

Orders

  • Global custodial sentence of five years imprisonment.
  • Indictment 96925-2: Count 1 six months imprisonment (time served after credit); Count 2 four years imprisonment, consecutive; Count 5 fine of $1,000 payable over 24 months; Count 8 six months imprisonment, consecutive.