R. v. Kandola and Johal

R. v. Kandola and Johal

The judge exercised discretion under s.721 and related adjournment jurisprudence to deny pre‑sentence reports because the accused's backgrounds were elicited at trial and the seriousness of the offences made a PSR unlikely to be useful; nevertheless the court granted a limited adjournment to August 8, 2012 for...

Source-derived case information.

Citation
2012 BCSC 1012
Parties
Crown: Regina (The Crown); Accused: Baljinder Singh Kandola; Accused: Shminder Singh Johal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 July 2012
Procedural Posture
Criminal Post‑conviction Sentencing / Application for Pre‑sentence Report and Adjournment Prior to Sentencing Hearing
Outcome
Application for pre‑sentence report denied; adjournment for sentencing granted to August 8, 2012; accused remanded in custody until the sentence hearing.
Legal Topics
Pre‑sentence Report, Adjournment, Remand, Conspiracy to Import, Importation of Cocaine, Bribery, Breach of Trust
Source Language
english
Criminal Law Sentencing Procedural Law Pre‑sentence Report Adjournment Remand Conspiracy to Import Importation of Cocaine +2 more

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Parties

Regina (The Crown)

Crown

Baljinder Singh Kandola

Accused

Shminder Singh Johal

Accused

Procedural Posture

Criminal Post‑conviction Sentencing / Application for Pre‑sentence Report and Adjournment Prior to Sentencing Hearing

Legal Issues

  1. 1 Whether the court should order a pre‑sentence report under s.721 of the Criminal Code
  2. 2 Whether the sentencing hearing should be adjourned to permit preparation of a pre‑sentence report and additional defence submissions
  3. 3 Whether the accused should be remanded in custody pending sentence

Ratio Decidendi

The judge exercised discretion under s.721 and related adjournment jurisprudence to deny pre‑sentence reports because the accused's backgrounds were elicited at trial and the seriousness of the offences made a PSR unlikely to be useful; nevertheless the court granted a limited adjournment to August 8, 2012 for defence sentencing submissions and remanded the accused in custody until that date.

Court Disposition

Application for pre‑sentence report denied; adjournment for sentencing granted to August 8, 2012; accused remanded in custody until the sentence hearing.

Orders

  • Application for pre‑sentence report under s.721 denied.
  • Sentencing hearing adjourned to August 8, 2012.