R. v. English

R. v. English

Given the theft and damage to a police vehicle, the undermining of police authority in a small community, and the need for denunciation and deterrence under ss.718-718.2, a short term of intermittent incarceration (60 days) was proportionate and appropriate; non-custodial options were insufficient in the circumstances.

Source-derived case information.

Citation
2009 BCSC 1856
Parties
Crown: Regina; Accused: Joseph Paul English
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2009
Procedural Posture
Criminal Theft Over $5,000 / Sentencing (post Conviction)
Outcome
Accused sentenced to 60 days intermittent custody and ordered to pay restitution of $507.46; no probation or community service ordered; custody to commence immediately with specified weekend schedule.
Legal Topics
Theft, Sentencing Principles, Restitution, Intermittent Custody, Conditional Sentence Consideration, Denunciation and Deterrence
Source Language
english
Criminal Law Sentencing Theft Sentencing Principles Restitution Intermittent Custody Conditional Sentence Consideration Denunciation and Deterrence

Source-derived case record

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Parties

Regina

Crown

Joseph Paul English

Accused

Procedural Posture

Criminal Theft Over $5,000 / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate sentence for theft of police vehicle and damage to public property
  2. 2 Application of Criminal Code ss.718-718.2 sentencing principles
  3. 3 Whether a non-custodial or conditional sentence is appropriate

Ratio Decidendi

Given the theft and damage to a police vehicle, the undermining of police authority in a small community, and the need for denunciation and deterrence under ss.718-718.2, a short term of intermittent incarceration (60 days) was proportionate and appropriate; non-custodial options were insufficient in the circumstances.

Court Disposition

Accused sentenced to 60 days intermittent custody and ordered to pay restitution of $507.46; no probation or community service ordered; custody to commence immediately with specified weekend schedule.

Orders

  • 60 days intermittent custody commencing immediately to be served on consecutive weekends from Fridays 7:30 pm to Sundays 3:00 pm with the exception of the weekend beginning December 25, 2009
  • Pay restitution in the amount of $507.46 to the Crown as agreed