R. v. Oud

R. v. Oud

Section 244.2(3)(b) of the Criminal Code, as drafted, can produce grossly disproportionate sentences for reasonably foreseeable offenders in non‑gang contexts and, because the Crown did not or could not discharge the onus under s.1, the provision is of no force and effect; the appropriate sentence for this accused,...

Source-derived case information.

Citation
2015 BCSC 1754
Parties
Crown: Regina; Accused: Jeffrey Ryan Oud
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 September 2015
Procedural Posture
Criminal / Sentencing
Outcome
Declared s.244.2(3)(b) of the Criminal Code of no force and effect; accused sentenced to four years' imprisonment with remand credit and subject to ancillary orders.
Legal Topics
Mandatory Minimums, Cruel and Unusual Punishment, Section 12 Charter, Section 1 Justification, Firearms Offences, DNA Order, Forfeiture, Prohibition Order, Victim Fine Surcharge
Source Language
english
Criminal Law Constitutional Law Sentencing Charter Law Mandatory Minimums Cruel and Unusual Punishment Section 12 Charter Section 1 Justification +5 more

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Parties

Regina

Crown

Jeffrey Ryan Oud

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether s.244.2(3)(b) of the Criminal Code violates s.12 of the Charter as grossly disproportionate
  2. 2 Whether any infringement of s.12 by s.244.2(3)(b) can be justified under s.1 of the Charter
  3. 3 What is a fit and proportionate sentence for the accused in light of the Charter ruling

Ratio Decidendi

Section 244.2(3)(b) of the Criminal Code, as drafted, can produce grossly disproportionate sentences for reasonably foreseeable offenders in non‑gang contexts and, because the Crown did not or could not discharge the onus under s.1, the provision is of no force and effect; the appropriate sentence for this accused, absent the mandatory minimum, is four years' imprisonment (with remand credit).

Court Disposition

Declared s.244.2(3)(b) of the Criminal Code of no force and effect; accused sentenced to four years' imprisonment with remand credit and subject to ancillary orders.

Orders

  • Declaration that s.244.2(3)(b) of the Criminal Code is of no force and effect pursuant to s.52 of the Constitution Act, 1982
  • Custodial sentence of four years' imprisonment