R. v. Pilgrim
- Citation
- 2009 BCCA 494
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 3 November 2009
- Posture
- Criminal Appeal (application for Leave to Appeal) / Application for Leave to Appeal From Provincial Court Sentencing Decision (july 28, 2008)
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 3 November 2009
- Posture
- Criminal Appeal (application for Leave to Appeal) / Application for Leave to Appeal From Provincial Court Sentencing Decision (july 28, 2008)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. SicotteRegina
Respondent Counsel: P. LaPrairieAmounts and remedies
- Original Sentence Years: 1
- Subsequent Sentence Years: 2.5
03
Procedural history
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
- 01
Whether a probation order attached to an original one‑year sentence remains valid after a subsequent longer sentence (2.5 years) is imposed
- 02
Whether the court should grant leave to appeal and set aside the probation order as it has become illegal under the Criminal Code
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
Legal principles
- 01
Criminal Code
A probation order attached to a sentence is rendered illegal and cannot stand if a subsequent longer sentence is imposed.
- 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
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.
British Columbia Court of Appeal
Judgment· 3 November 2009
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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