R. v. Gaucher

R. v. Gaucher

Considering the aggravating factors (unlawful confinement, planning, threats, weapon and victim impact) and the accused's significant prior robbery record balanced against 19 years of lawful conduct, rehabilitation and genuine remorse, the court imposed concurrent sentences of seven years (robberies), three years (unlawful confinement) and one year (weapon) and, after applying credit for time served (including 1.5:1 for post‑conviction custody), fixed the effective custodial term to be served at four years and six months; ancillary orders for DNA, lifetime weapons ban and forfeiture were appropriate and the victim fine surcharge was waived.

Citation
2013 BCSC 349
Parties
Prosecution: Regina; Defendant: Harold David Gaucher
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 February 2013
Procedural Posture
Criminal Robbery, Unlawful Confinement, Weapon Possession / Sentencing (oral Reasons After Jury Conviction)
Outcome
Accused convicted and sentenced
Legal Topics
Robbery, Unlawful Confinement, Possession of Weapon, Sentencing Principles and Credit for Pre‑sentence Custody, Victim Impact
Source Language
English
Criminal Law Sentencing Evidence Robbery Unlawful Confinement Possession of Weapon Sentencing Principles and Credit for Pre‑sentence Custody Victim Impact

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Parties

Regina

Prosecution

Harold David Gaucher

Defendant

Procedural Posture

Criminal Robbery, Unlawful Confinement, Weapon Possession / Sentencing (oral Reasons After Jury Conviction)

Legal Issues

  1. 1 Appropriate sentence for multiple robberies with prior convictions
  2. 2 Application of Criminal Code sentencing principles (s.718)
  3. 3 Calculation of credit for time served pre‑ and post‑conviction (s.719)

Ratio Decidendi

Considering the aggravating factors (unlawful confinement, planning, threats, weapon and victim impact) and the accused's significant prior robbery record balanced against 19 years of lawful conduct, rehabilitation and genuine remorse, the court imposed concurrent sentences of seven years (robberies), three years (unlawful confinement) and one year (weapon) and, after applying credit for time served (including 1.5:1 for post‑conviction custody), fixed the effective custodial term to be served at four years and six months; ancillary orders for DNA, lifetime weapons ban and forfeiture were appropriate and the victim fine surcharge was waived.

Court Disposition

Accused convicted and sentenced

Orders

  • Custodial sentence: seven years for robberies, three years for unlawful confinement and one year for weapon possession to be served concurrently
  • Effective custodial time to be served after credit: four years six months