Canada Judgment

Supreme Court of British Columbia

R. v. Orr

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Research organized from the available case record

Source document

01

Holding and result

The agreed global sentence of four years was imposed, converted to 48 months, and the court accepted a pretrial custody credit of 21.5 months calculated at 1.5 days per day, leaving a residual term of 26.5 months; the court also ordered a DNA order under s.487.051, a lifetime firearms prohibition under s.109, and enforcement of the forfeiture order.

Court disposition

Agreed sentence imposed: four years (48 months) with 21.5 months pretrial custody credit resulting in 26.5 months new custody; DNA order, lifetime firearms prohibition, and forfeiture ordered.

Orders

  • Impose sentence of 48 months custody (four years).
  • Credit for pretrial custody of 21.5 months calculated at 1.5 days per day.
  • Residual custodial sentence of 26.5 months to be served.
  • DNA order pursuant to Criminal Code s.487.051.
  • Lifetime firearms prohibition pursuant to Criminal Code s.109.
  • Forfeiture order as previously signed by the court.

02

Material facts

Parties

Regina

Crown Counsel: S. M. Simpson

Arlen Jeffrey Orr

Accused Counsel: D. J. McKay

Amounts and remedies

  • Total Sentence Months: 48
  • Pretrial Custody Credit Months: 21.5
  • Residual Custody Months After Credit: 26.5

03

Procedural history

  1. Posture

    Criminal Sentencing / Oral Reasons for Sentence / Sentencing Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
Defence submitted the offender was entitled to 21.5 months credit for pretrial custody calculated at 1.5 days credit for each day served and agreed to a global four-year sentence producing a residual custodial term of 26.5 months.
Respondent
Crown conceded the pretrial custody credit and the agreed four-year sentence and sought statutory orders including a DNA order under s.487.051, a lifelong firearms prohibition under s.109, and enforcement of a forfeiture order.

05

Court’s reasoning

  1. 01

    This judgment

    Courts may grant enhanced credit for pretrial custody; here credit applied at 1.5 days for each day remitted to produce a 21.5-month credit.

  2. 02

    Criminal Code s.487.051

    Court may order DNA sampling under the statute authorizing DNA orders.

  3. 03

    Criminal Code s.109

    Court may impose firearms prohibitions on offenders; serious record can justify a lifetime ban.

  4. 04

    This judgment

    Sentencing in drug trafficking matters must reflect the dangerousness of the drug and deterrence.

06

Ratio, limits and disposition

Ratio decidendi

The agreed global sentence of four years was imposed, converted to 48 months, and the court accepted a pretrial custody credit of 21.5 months calculated at 1.5 days per day, leaving a residual term of 26.5 months; the court also ordered a DNA order under s.487.051, a lifetime firearms prohibition under s.109, and enforcement of the forfeiture order.

Obiter and limits

  • This drug is dangerous and those who are trafficking in it will pay a price.
  • Comments about increasing judicial emphasis on the seriousness of this drug in sentencing.

Court disposition

Agreed sentence imposed: four years (48 months) with 21.5 months pretrial custody credit resulting in 26.5 months new custody; DNA order, lifetime firearms prohibition, and forfeiture ordered.

  • Impose sentence of 48 months custody (four years).
  • Credit for pretrial custody of 21.5 months calculated at 1.5 days per day.
  • Residual custodial sentence of 26.5 months to be served.
  • DNA order pursuant to Criminal Code s.487.051.
  • Lifetime firearms prohibition pursuant to Criminal Code s.109.
  • Forfeiture order as previously signed by the court.

Source and reliance status

Supreme Court of British Columbia · 4 June 2018

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of British Columbia

Judgment· 4 June 2018

2018 BCSC 1627

2018 BCSC 1627 R. v. Orr

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Orr, 2018 BCSC 1627 Date: 20180604 Docket: 168272-2 Registry: Victoria Regina v. Arlen Jeffrey Orr Before: The Honourable Mr. Justice Bracken Oral Reasons for Sentence Counsel for the Crown: S. M. Simpson Counsel for the Accused: D. J. McKay Place and Date of Hearing: Victoria, B.C. June 4, 2018 Place and Date of Judgment: Victoria, B.C. June 4, 2018 [1] THE COURT: Mr. Orr, could you stand up please? [2] The sentence that has been agreed upon is a sentence of four years. To convert the sentence into months is 48 months. Crown has conceded, and defence has suggested, that you are entitled to a credit of 21.5 months for dead time, or pretrial custody, calculated at the rate of 1.5 days for each day served. That leaves a residual sentence of 26.5 months, which is the sentence of new custody that I impose. [3] There will also be a DNA order pursuant to s. 487.051, a firearms ban, pursuant to s. 109, that will be a lifetime ban, given the state of your record, and the legislation and, in addition, there will be the forfeiture order that I have already signed. [4] You should take note from all of the comments that were made, and are beginning to be made very plainly in all of the cases, that this drug is dangerous and those who are trafficking in it will pay a price for it. [5] MS. SIMPSON: Thank you, My Lord. [6] MR. MCKAY: Thank you, My Lord. [7] THE COURT: Thank you. "J. K. Bracken, J." The Honourable Mr. Justice Bracken

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Code s.487.051

Legislation

Legislation referenced in the available case record.

Criminal Code s.109

Legislation

Legislation referenced in the available case record.

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