R. v. Alphonse

R. v. Alphonse

Applying s.718 principles including Gladue, balancing denunciation/deterrence with restoration and mitigation, the appropriate fit sentence was four years (reduced to 44 months after 81 days pre‑trial credit). Because the fit sentence equals the statutory four‑year minimum, the mandatory minimum did not produce a...

Source-derived case information.

Citation
2020 BCSC 1882
Parties
Crown/prosecution: Regina; Accused/defendant: Kelvin E. Alphonse
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 November 2020
Procedural Posture
Criminal Sentencing / Sentencing / Reasons for Sentence
Outcome
Accused sentenced to incarceration with constitutional challenges dismissed and ancillary orders granted
Legal Topics
Firearms Offences, Mandatory Minimum Sentences, Gladue Principles, Conditional Sentence Order (cso), Charter Ss.7, 12, 15, Ancillary Orders
Source Language
english
Criminal Law Constitutional Law Indigenous Law Sentencing Firearms Offences Mandatory Minimum Sentences Gladue Principles Conditional Sentence Order (cso) +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown/prosecution

Kelvin E. Alphonse

Accused/defendant

Procedural Posture

Criminal Sentencing / Sentencing / Reasons for Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple firearms and aggravated assault offences
  2. 2 Constitutionality of mandatory minimums in ss.244(2) and 244.2(3)(b) under s.12 Charter
  3. 3 Constitutionality of s.742.1(c) restricting availability of conditional sentence orders (ss.7,12,15)

Ratio Decidendi

Applying s.718 principles including Gladue, balancing denunciation/deterrence with restoration and mitigation, the appropriate fit sentence was four years (reduced to 44 months after 81 days pre‑trial credit). Because the fit sentence equals the statutory four‑year minimum, the mandatory minimum did not produce a grossly disproportionate result in this case; constitutional challenges to ss.244/244.2 and to s.742.1(c) were dismissed as unnecessary to decide or unfounded; ancillary orders granted.

Court Disposition

Accused sentenced to incarceration with constitutional challenges dismissed and ancillary orders granted

Orders

  • Sentence: 44 months custody after credit for 81 days pre‑trial custody (credit 1.5 applied)
  • Counts served concurrently: Count 2 (s.87(1)) 2 years; Count 3 (s.244.2(3)(b)) 44 months; Count 4 (s.244(1)) 44 months; Count 5 (s.268(2)) 3 years