R. v. D.K.D.B.

R. v. D.K.D.B.

Court balanced denunciation and deterrence against rehabilitation and Gladue mitigation, finding Gladue factors reduced culpability somewhat but did not remove mandatory minimum applicability; firearms possession was linked to a small commercial grow operation so those offences were treated as a single endeavour and largely concurrent, but the actual discharge of the firearm and mischief were sufficiently distinct and grave to warrant consecutive sentences; applied pre‑amendment double credit for pre‑sentencing custody excluding 30 days for breach of recognizance, imposed specific custodial terms (Count 1: 3.5 years; Counts 2,3,6: seven months each with specified...

Citation
2013 BCSC 2321
Parties
Prosecutor: Regina (Crown); Accused: D.K.D.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 October 2013
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Accused convicted; conditional stays granted on Counts 4 and 5; sentences imposed with aggregate effect and credit for pre‑sentence custody resulting in one additional year of custody to serve.
Legal Topics
Firearms Offences, Drug Production and Trafficking, Mandatory Minimum Sentences, Gladue/ipeelee Principles, Pre‑sentencing Custody Credit, Concurrent and Consecutive Sentencing, Probation and Ancillary Orders, DNA Orders, Restitution
Source Language
English
Criminal Law Sentencing Aboriginal Sentencing Controlled Drugs and Substances Law Firearms Law Firearms Offences Drug Production and Trafficking Mandatory Minimum Sentences +6 more

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Parties

Regina (Crown)

Prosecutor

D.K.D.B.

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for s.95(1) possession of a prohibited firearm with accessible ammunition
  2. 2 Application of Gladue principles to an aboriginal offender and their effect on moral blameworthiness
  3. 3 Interaction of mandatory minimum sentence with Gladue and proportionality principles

Ratio Decidendi

Court balanced denunciation and deterrence against rehabilitation and Gladue mitigation, finding Gladue factors reduced culpability somewhat but did not remove mandatory minimum applicability; firearms possession was linked to a small commercial grow operation so those offences were treated as a single endeavour and largely concurrent, but the actual discharge of the firearm and mischief were sufficiently distinct and grave to warrant consecutive sentences; applied pre‑amendment double credit for pre‑sentencing custody excluding 30 days for breach of recognizance, imposed specific custodial terms (Count 1: 3.5 years; Counts 2,3,6: seven months each with specified...

Court Disposition

Accused convicted; conditional stays granted on Counts 4 and 5; sentences imposed with aggregate effect and credit for pre‑sentence custody resulting in one additional year of custody to serve.

Orders

  • Conditional stays entered on Counts 4 and 5 pursuant to Kienapple principles
  • Count 1 (s.95(1)): 3 years and 6 months imprisonment plus 18 months probation