R. v. Orr
- Citation
- 2018 BCSC 1627
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 4 June 2018
- Posture
- Criminal Sentencing / Oral Reasons for Sentence / Sentencing Hearing
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 4 June 2018
- Posture
- Criminal Sentencing / Oral Reasons for Sentence / Sentencing Hearing
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. SimpsonArlen Jeffrey Orr
Accused Counsel: D. J. McKayAmounts and remedies
- Total Sentence Months: 48
- Pretrial Custody Credit Months: 21.5
- Residual Custody Months After Credit: 26.5
03
Procedural history
Posture
Criminal Sentencing / Oral Reasons for Sentence / Sentencing Hearing
04
Questions and positions
Legal issues
- 01
Appropriate term of imprisonment for drug trafficking
- 02
Calculation and application of pretrial custody credit
- 03
Imposition of DNA order under s.487.051
- 04
Imposition of lifetime firearms prohibition under s.109
- 05
Forfeiture of property
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
Legal principles
- 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.
- 02
Criminal Code s.487.051
Court may order DNA sampling under the statute authorizing DNA orders.
- 03
Criminal Code s.109
Court may impose firearms prohibitions on offenders; serious record can justify a lifetime ban.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 4 June 2018
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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