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Criminal law 2022 BCSC 967

R. v. Herbert

The court sentenced Milad Faud Herbert to two years plus one day for trafficking fentanyl, imposed a 10-year firearms ban and DNA order, and waived the victim fine surcharge.

  • Trafficking in fentanyl
  • Joint submission on sentence
  • Dna order
  • Weapons ban under s.109(2)
  • Victim fine surcharge waiver
  • Rehabilitation and programming
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Criminal law 2019 BCSC 742

R. v. Jerace

Sentencing for breach of a long-term supervision order by consuming alcohol. The court imposed 18 months’ imprisonment, 426 days’ credit, and authorized a DNA order.

  • Breach of long-term supervision order
  • Sentencing principles (ss.718 et seq.)
  • Pre-trial custody credit
  • Dna sampling orders
  • Victim surcharge (r. v. boudreault)
  • Sentencing
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Criminal law 2019 BCSC 356

R. v. Schneider

Sentencing reasons in a fentanyl trafficking case. The court rejected a suspended sentence, imposed 26 months' imprisonment, probation, a firearms ban, and a DNA order.

  • Trafficking
  • Fentanyl epidemic
  • Rehabilitation
  • Denunciation and deterrence
  • Pre-sentence custody credit
  • Ancillary orders (firearms ban, dna)
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Criminal law 2018 BCSC 884

R. v. Gourlay

Sentencing for hit-and-run and obstruction: the court imposed 10 months for failing to stop and 2 months for obstruction, to run concurrently, with 156 days’ credit.

  • Failing to stop at scene of accident (hit and run)
  • Obstructing justice
  • Concurrent vs consecutive sentences
  • Pre-trial custody credit
  • Victim impact
  • Driving prohibition
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Criminal law 2016 BCSC 1275

R. v. Charette

Sentencing reasons for low-level Schedule I drug trafficking, with jail, probation, DNA, forfeiture, and a firearms prohibition imposed after credit for pre-sentence custody.

  • Possession for the purpose of trafficking
  • Sentencing principles (denunciation, deterrence, rehabilitation)
  • Pre-sentence custody credit
  • Brain injury as mitigation
  • Conditional/suspended sentence suitability
  • Dna orders
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Criminal law 2016 NSSC 94

R. v. DeYoung

The court accepted the parties' true joint recommendation for a global sentence of 36 months after applying s.718 objectives and s.718.2(a) factors, finding significant aggravation in the offender's lengthy criminal record and some mitigation in the guilty pleas and demonstrated remorse; the joint recommendation was supported by comparable authorities and factual circumstances, and ancillary orders for DNA, a seven year firearms prohibition, a three year driving prohibition and victim fine surcharge were appropriate and imposed.

  • Break and enter
  • Theft
  • Assault with a weapon
  • Driving while disqualified
  • Possession of stolen property
  • Ancillary orders
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Criminal law 2013 BCSC 2343

R. v. Fitzgerald

The court accepted joint sentencing submissions for three accused, imposed custodial terms, and made firearms and DNA orders, with a stay on one count.

  • Joint sentence submissions
  • Sentencing range
  • Ancillary orders
  • Section 109 firearms prohibition
  • Dna sample order
  • Recommendation of penitentiary
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Criminal law 2012 BCSC 816

R. v. Jones

Sentencing for marihuana production and possession for trafficking: the court imposed a 13-month conditional sentence with curfew and search conditions, plus a DNA order and firearms ban.

  • Marihuana grow operation
  • Conditional sentence
  • Probation vs conditional sentence
  • Voir dire admissibility (godoy)
  • S. 487.051 dna sampling
  • Community risk and fire hazard
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Criminal law 2011 BCSC 840

R. v. Glasgow

Daon Glasgow pleaded guilty to manslaughter using a firearm and received a nine-year sentence after one year of pre-sentence custody credit. The court also made mandatory firearm and DNA orders.

  • Manslaughter with a firearm
  • Mandatory minimum sentence
  • Aggravating and mitigating factors
  • Guilty plea and joint submission
  • Pre-sentence custody credit
  • Ancillary orders (firearm prohibition,dna sample)
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Criminal law 2011 NSSC 46

R. v. Morine

Judge imposed an aggregate custodial sentence of five years imprisonment (with the five‑year sentence allocated to impaired driving causing death and all other individual sentences concurrent to it) after finding aggravated moral blameworthiness (excessive alcohol consumption, high speed, taking passengers while impaired, fleeing scene, spitting on officer) outweighed mitigating factors; ordered DNA sample under s.487.051(3)(b); imposed driving prohibition totaling ten years; dismissed remaining charges for want of prosecution. The totality principle required reduction from an initial aggrega…

  • Impaired driving causing death (s.255(3))
  • Impaired driving causing bodily harm (s.255(2))
  • Refusal to provide breath sample (s.254(5))
  • Assault on a peace officer by spitting (s.270(2)(a))
  • Driving prohibition orders
  • Dna order under s.487.051(3)(b)
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