R. v. Porsch

Parties

Procedural Posture

Criminal Sentencing / Sentencing Hearing (reasons for Sentence)

Legal Issues

1. 1 Appropriate global and individual sentences for multiple serious offences including arson, firearms trafficking, robbery and assault
2. 2 Application of the totality principle to consecutive sentences
3. 3 Weight to give youth and limited record in sentencing

Ratio Decidendi

Given the extreme seriousness, multiplicity and planning of offences (multiple arsons for hire, extensive illegal firearms trafficking including machine guns and silencers, robbery and violent assault), limited rehabilitative prospects evidenced by conduct and bail breaches, and after applying totality and youth principles, the appropriate aggregate custodial sentence is sixteen years imprisonment reduced by 40 months credit for pre-sentence custody; consecutive component sentences were imposed as articulated and a lifetime weapons prohibition and DNA sample order were made; a restitution order was not imposed as impracticable and unlikely to reduce incarceration or aid rehabilitation.

Court Disposition

Guilty pleas accepted; individual consecutive sentences imposed then aggregated and reduced to a global term of 16 years imprisonment less 40 months credit; lifetime prohibition on possession of firearms; DNA sample order; no restitution order imposed.

Orders

• Four counts of counselling to commit arson — global 9 years imprisonment
• Assault causing bodily harm — 5 years imprisonment consecutive to arson sentence