R. v. Frohock

R. v. Frohock

Offender's extreme risk to public and police, extensive violent and weapons-related record, and aggravating facts (reaching for a loaded sawed-off shotgun, weapon cocked and concealed) mandated a lengthy custodial sentence for denunciation, deterrence and public protection; enhanced pre-trial credit was not...

Source-derived case information.

Citation
2008 BCSC 735
Parties
Crown: Regina; Accused: Anthony Barrie Frohock
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 February 2008
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Accused convicted and sentenced to a total of six years and eight months' imprisonment (concurrent sentences), credit for pre-trial custody of two years four months (double credit for ~14 months), lifetime firearms prohibition imposed, DNA sample ordered, victim fine surcharge declined.
Legal Topics
Possession of Prohibited Weapon, Possession of Loaded Prohibited Firearm, Occupying Vehicle With Firearm, Possession of Stolen Property, Pre Trial Custody Credit, Aboriginal Sentencing (gladue)
Source Language
english
Criminal Law Sentencing Firearms Law Possession of Prohibited Weapon Possession of Loaded Prohibited Firearm Occupying Vehicle With Firearm Possession of Stolen Property Pre Trial Custody Credit +1 more

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Parties

Regina

Crown

Anthony Barrie Frohock

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for convictions involving a sawed-off shotgun
  2. 2 Whether enhanced pre-trial custody credit beyond the usual two-for-one is warranted
  3. 3 Application of minimum penalty for s.95(2)(a) offence and concurrent sentencing

Ratio Decidendi

Offender's extreme risk to public and police, extensive violent and weapons-related record, and aggravating facts (reaching for a loaded sawed-off shotgun, weapon cocked and concealed) mandated a lengthy custodial sentence for denunciation, deterrence and public protection; enhanced pre-trial credit was not warranted because offender spent majority of remand in general population and was not shown to have endured unmanageable risk, so usual two-for-one credit (14 months -> 28 months) was applied and concurrent sentences imposed totalling six years eight months imprisonment plus lifetime firearms prohibition and DNA order.

Court Disposition

Accused convicted and sentenced to a total of six years and eight months' imprisonment (concurrent sentences), credit for pre-trial custody of two years four months (double credit for ~14 months), lifetime firearms prohibition imposed, DNA sample ordered, victim fine surcharge declined.

Orders

  • Count 4: one day (time served) for possession of stolen motor vehicle (s.355)
  • Count 5: four years six months imposed less 2 years four months credit; effective sentence two years two months for possession of a prohibited weapon (s.91(2)/(3))