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Criminal law 2017 BCCA 223

R. v. Rahimi

The Court of Appeal dismissed Amir Rahimi’s sentence appeal, upholding six months’ imprisonment and two years’ probation for attempted procuring, extortion, and threats.

  • Sentencing principles
  • Deterrence
  • Denunciation
  • Mitigation for first offender
  • Procuring prostitution
  • Publication ban
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Criminal law 2017 BCSC 2619

R. v. Zhang

The court accepted a joint submission and sentenced Mr. Zhang for manslaughter, unlawful confinement, extortion, and related confinement offences.

  • Joint submission
  • Pre-sentence custody credit
  • Totality principle
  • Victim impact and surcharge
  • Dna order
  • Firearms prohibition
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Criminal law 2014 BCCA 302

R. v. Mastronardi

British Columbia Court of Appeal upheld convictions for sexual assault, fraud, extortion and related offences arising from fraudulent gynecological examinations and a severance dispute.

  • Consent
  • Similar fact evidence
  • Severance/joinder
  • Objective test for sexual nature
  • Vitiation of consent by fraud
  • Judicial discretion on severance
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Criminal law 2012 BCSC 1265

R. v. Mann

The court found Rajan Mann was the third kidnapper in a Richmond kidnapping-for-ransom case, relying on video, eyewitness, and communications evidence.

  • Identity from surveillance video
  • Circumstantial evidence
  • Cellphone/blackberry telemetry as corroboration
  • Joint enterprise/party liability
  • Multiple convictions rule (kienapple)
  • Publication ban s.517(1)
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Criminal law 2010 BCSC 178

R. v. Marozoff

The court convicted Steve Marozoff on all seven counts after accepting the complainant’s evidence, corroborated by DNA, phone records, physical exhibits and identification.

  • Identification evidence
  • Corroboration
  • Dna evidence
  • Telephone records
  • Search warrants
  • Publication ban
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Criminal law 2007 BCSC 1976

R. v. Nguyen

The court found the accused guilty on two kidnapping counts, extortion, and possession of stolen property after concluding the circumstantial evidence proved knowing party liability.

  • Party liability/complicity
  • Circumstantial evidence and inferences
  • Surveillance and phone records
  • Identification
  • Standard of proof beyond a reasonable doubt
  • Criminal code s.21 liability provisions
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Criminal law 2007 BCSC 1893

R. v. Deo

Judge found all three accused complicit and providing active encouragement but not proven planners; applied Mills flexibly to classify this kidnapping as serious but not at automatic 10‑year floor; imposed sentences reflecting individual culpability and aggravating/mitigating factors: Johal sentenced to 9 years (kidnapping and extortion concurrent) and 5 years for weapon possession concurrent, granted double pretrial custody credit (~20.5 months doubled to 41 months) yielding approximately 5 years 7 months remaining; Mangat sentenced to 8 years concurrent; Deo sentenced to 7 years concurrent;…

  • Group liability in sentencing
  • Mills categories of kidnapping
  • Parity principle
  • Pretrial custody credit
  • Aggravating and mitigating factors
  • Dna and weapons prohibition orders
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Criminal law 2006 BCSC 1681

R. v. Mastronardi

The court convicted the accused on all counts after finding multiple complainants credible and corroborated. Fraud, sexual assault, threats and extortion were proved through deception and control.

  • Sexual assault by fraudulently-obtained consent
  • Fraud by deceit
  • Use of weapon during sexual assault
  • Uttering threats
  • Extortion
  • Similar fact evidence
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Criminal law 2006 BCSC 1156

R. v. Poon and Wong

The court dismissed Bosco Poon’s application for a directed verdict, finding enough evidence for the jury on conspiracy, kidnapping, extortion, and aiding and abetting.

  • Directed verdict
  • Conspiracy
  • Aiding and abetting
  • Included offence
  • Continuing offence
  • Mens rea
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Criminal law C32984

R. v. Hayre

The Court held the trial judge erred in principle by misapprehending the seriousness of the impaired driving offence and the injuries, making the 60‑day sentence manifestly inadequate; the sentence for impaired driving causing bodily harm was set aside and increased to five months (with credit for 60 days served); the conditional sentence was inappropriate for the circumstances; the appeal on the extortion sentence was dismissed.

  • Sentencing principles
  • Conditional sentence
  • Impaired driving causing bodily harm
  • Impaired driving causing death
  • Joint submission departure
  • Bail conditions
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