Canada Judgment

British Columbia Court of Appeal

R. v. Pilgrim

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Source document

01

Holding and result

The appeal is allowed and the probation order is set aside because the probation order attached to the one‑year sentence became illegal when a subsequent sentence of 2.5 years was imposed, and therefore cannot remain in force under the Criminal Code.

Court disposition

Appeal allowed; probation order set aside.

Orders

  • Probation order attached to the original one‑year sentence is set aside.
  • Matter set aside.

02

Material facts

Parties

Jeremiah Dylan Pilgrim

Appellant Counsel: C. Sicotte

Regina

Respondent Counsel: P. LaPrairie

Amounts and remedies

  • Original Sentence Years: 1
  • Subsequent Sentence Years: 2.5

03

Procedural history

  1. Posture

    Criminal Appeal (application for Leave to Appeal) / Application for Leave to Appeal From Provincial Court Sentencing Decision (july 28, 2008)

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant sought leave to appeal and, if granted, an order setting aside the probation order attached to the one‑year sentence on the ground that it became illegal when a subsequent sentence of 2.5 years was imposed, and therefore cannot stand under the Criminal Code.
Respondent
The respondent (Crown) did not successfully maintain that the probation order remained valid; the Crown's position, as before the court, was effectively that the probation order could not stand once the longer sentence was imposed.

05

Court’s reasoning

  1. 01

    Criminal Code

    A probation order attached to a sentence is rendered illegal and cannot stand if a subsequent longer sentence is imposed.

  2. 02

    Court of Appeal authority

    An appellate court may set aside ancillary orders that are illegal as a result of changes to the primary sentence.

06

Ratio, limits and disposition

Ratio decidendi

The appeal is allowed and the probation order is set aside because the probation order attached to the one‑year sentence became illegal when a subsequent sentence of 2.5 years was imposed, and therefore cannot remain in force under the Criminal Code.

Court disposition

Appeal allowed; probation order set aside.

  • Probation order attached to the original one‑year sentence is set aside.
  • Matter set aside.

Source and reliance status

British Columbia Court of Appeal · 3 November 2009

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Judgment text

The complete available source text.

Source document

British Columbia Court of Appeal

Judgment· 3 November 2009

2009 BCCA 494

2009 BCCA 494 R. v. Pilgrim

COURT OF APPEAL FOR BRITISH COLUMBIA Citation: R. v. Pilgrim, 2009 BCCA 494 Date: 20091103 Docket: CA037133 Between: Regina Respondent And Jeremiah Dylan Pilgrim Appellant Before: The Honourable Madam Justice Ryan The Honourable Mr. Justice Hall The Honourable Madam Justice Garson On appeal from: Provincial Court of British Columbia, July 28, 2008 (R. v. Pilgrim, Vancouver Reg. 176329-1) Oral Reasons for Judgment Counsel for the Appellant: C. Sicotte Counsel for the Respondent: P. LaPrairie Place and Date of Hearing: Vancouver, British Columbia November 3, 2009 Place and Date of Judgment: Vancouver, British Columbia November 3, 2009 [1] RYAN J.A.: This is an application for leave to appeal, and if granted, to set aside the probation order which is attached to a sentence of one year imprisonment imposed July 25, 2008. It has become illegal because a sentence of 2.5 years has subsequently been imposed. This probation order then cannot stand in accordance with the provisions of the Criminal Code. [2] I will allow the appeal and set aside the probation order. [3] HALL J.A.; I agree. [4] GARSON J.A.: I agree. [5] RYAN J.A.: The matter is set aside. "The Honourable Madam Justice Ryan"

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Authorities

Authorities used by the court

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

Criminal Code

Legislation

Legislation referenced in the available case record.

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