Canada Case Law

R. v. Balfe

Court

Supreme Court of Nova Scotia

Given the offender's severe and complex untreated mental illnesses at the time of the offences, his diminished moral culpability, youth, guilty pleas and sustained treatment progress, rehabilitation was given primacy over parity and general deterrence; a fit sentence is concurrent federal terms of 2 years on six counts with 3 years probation, with credit of 461 days for prior house arrest and pre-trial custody reducing actual custodial exposure to approximately 9 months.

Source excerpt

• Mitigation
• Parity
• Diminished culpability
• Pre-sentence report
• Credit for pre-trial custody
• Ancillary orders

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R. v. Bordbar

Court

Supreme Court of British Columbia

Sentencing reasons for a 12-year global prison term for a first-time offender convicted of multiple violent robberies, home invasion, and sexual assault over three days.

• Totality principle
• Consecutive vs concurrent sentences
• Pre‑sentence custody credit
• Aggravating and mitigating factors
• Kienapple (multiple convictions)
• Soira and dna/weapon prohibitions

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R. v. Parsons

Court

British Columbia Court of Appeal

Sentence appeal dismissed. The Court of Appeal upheld a five-year sentence for breaking and entering a dwelling, sexual assault, and threats, finding extreme aggravating circumstances.

• Denunciation
• General deterrence
• Range of sentence
• Aggravating and mitigating factors
• Publication ban
• Sentencing

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R. v. Araki and Ryan

Court

Supreme Court of British Columbia

Given the planning, extreme gratuitous violence, use of a firearm and severe injuries, the offences attract a high degree of moral culpability; an appropriate starting point is eight years; after applying double credit for substantial pretrial custody the sentences are reduced to concurrent terms of five years two months for Araki and five years for Ryan; mandatory and discretionary life weapons prohibitions and a DNA order are warranted; victim fine surcharge waived.

Source excerpt

• Sentencing principles
• Aggravating and mitigating factors
• Joint criminal enterprise/party liability
• Pretrial custody credit (double credit)
• Weapons prohibition
• Dna orders

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R. v. D.A.W.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed a sentence appeal arising from a violent home invasion robbery and upheld a 10-year global sentence.

• Appellate review of sentence
• Sentencing range
• Deterrence
• Rehabilitation
• Parole considerations
• Victim impact

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R. v. Jones

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia granted leave to appeal but dismissed the appeal, affirming a 15-year global sentence for break and enter and sexual assault.

• Sentencing principles
• Totality principle
• Double counting
• Aggravating and mitigating factors
• Concurrent sentences
• Publication ban

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