R. v. Bjornson

R. v. Bjornson

The court held both offenders met the statutory prerequisites for a conditional sentence and that strict, lengthy CSOs would satisfy denunciation, deterrence and other sentencing objectives without endangering the community; accordingly each was sentenced to 18 months' imprisonment to be served conditionally with onerous terms including house arrest, community service and ancillary orders.

Citation
2009 BCSC 1846
Parties
Crown: Regina; Accused: Riley Alexander Bjornson; Accused: Daryl Allan Costello
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 December 2009
Procedural Posture
Criminal Possession for the Purpose of Trafficking (dial a Dope Operation) / Sentencing (oral Reasons for Sentence)
Outcome
Both accused convicted and each sentenced to 18 months' imprisonment to be served conditionally in the community.
Legal Topics
Conditional Sentence, Possession for the Purpose of Trafficking, Dial a Dope Operations, Denunciation and Deterrence, Ancillary Orders, DNA Sampling, Forfeiture, Firearms Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Conditional Sentence Possession for the Purpose of Trafficking Dial a Dope Operations Denunciation and Deterrence Ancillary Orders +4 more

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Parties

Regina

Crown

Riley Alexander Bjornson

Accused

Daryl Allan Costello

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking (dial a Dope Operation) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether a conditional sentence order (CSO) is appropriate for offenders convicted of possession for the purpose of trafficking in a dial-a-dope operation
  2. 2 Whether a CSO would endanger community safety or fail to satisfy principles of denunciation and deterrence
  3. 3 Appropriate length and conditions of sentence to achieve sentencing objectives

Ratio Decidendi

The court held both offenders met the statutory prerequisites for a conditional sentence and that strict, lengthy CSOs would satisfy denunciation, deterrence and other sentencing objectives without endangering the community; accordingly each was sentenced to 18 months' imprisonment to be served conditionally with onerous terms including house arrest, community service and ancillary orders.

Court Disposition

Both accused convicted and each sentenced to 18 months' imprisonment to be served conditionally in the community.

Orders

  • Mandatory conditions: keep the peace and be of good behaviour
  • Appear before the Court when required