R. v. Immerzeel

R. v. Immerzeel

After obtaining an independent fitness assessment, the accused was found fit to plead; the court accepted the joint sentencing range but, balancing proportionality, time served and ongoing Review Board supervision, imposed a 5-year custodial sentence from the date of sentence, declined to increase the sentence for...

Source-derived case information.

Citation
2002 BCSC 1269
Parties
Crown: Her Majesty the Queen; Accused: Lance Immerzeel
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 August 2002
Procedural Posture
Criminal Manslaughter / Sentencing on Guilty Plea
Outcome
Accused sentenced to 5 years imprisonment from date of sentence; lifetime prohibition on possession of firearms; mandatory DNA sample taken; no victim surcharge ordered.
Legal Topics
Manslaughter, Fitness to Plead, Not Criminally Responsible, Review Board Supervision, Public Protection, Drug Use as Risk Factor, DNA Order, Firearms Prohibition
Source Language
english
Criminal Law Sentencing Forensic Psychiatry Mental Health Law Manslaughter Fitness to Plead Not Criminally Responsible Review Board Supervision +4 more

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Parties

Her Majesty the Queen

Crown

Lance Immerzeel

Accused

Procedural Posture

Criminal Manslaughter / Sentencing on Guilty Plea

Legal Issues

  1. 1 Whether the accused was fit to plead and enter a guilty plea
  2. 2 Appropriate sentence for manslaughter given NCR history and ongoing risk
  3. 3 Extent to which public protection justifies increasing sentence

Ratio Decidendi

After obtaining an independent fitness assessment, the accused was found fit to plead; the court accepted the joint sentencing range but, balancing proportionality, time served and ongoing Review Board supervision, imposed a 5-year custodial sentence from the date of sentence, declined to increase the sentence for additional public protection despite serious concerns about prior Review Board management, and ordered a lifetime firearms prohibition and mandatory DNA sample.

Court Disposition

Accused sentenced to 5 years imprisonment from date of sentence; lifetime prohibition on possession of firearms; mandatory DNA sample taken; no victim surcharge ordered.

Orders

  • Custodial sentence of 5 years from date of sentence
  • Lifetime prohibition on possession of weapons pursuant to Criminal Code s.109