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Criminal law 2023 BCSC 1643

R. v. Geoghegan

The court sentenced David Allen Geoghegan to eight years concurrent for kidnapping and manslaughter arising from a drug-debt kidnapping that ended in a fatal shooting.

  • Manslaughter
  • Kidnapping
  • Co-principal liability
  • Foreseeability
  • Sentencing principles
  • Gladue considerations
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Criminal law 2019 NSSC 384

R. v. Downey

The court stayed the unlawful confinement conviction (s.279(2)) under Kienapple; imposed a four year custodial sentence for kidnapping (s.279(1)) and a three year custodial sentence for being an accessory after the fact to murder (s.240), ordered the two sentences to run consecutively for an aggregate term of seven years, granted remand credit at 1.5 days per day (calculated as three years and five months), resulting in a remaining custodial term of three years and seven months, and ordered a prohibition on direct or indirect contact with Ronald Sock and Liam Thompson pursuant to s.743.21.

  • Sentencing principles
  • Consecutive sentences
  • Remand credit
  • Cultural impact assessment
  • Victim impact statements
  • Kienapple rule
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Criminal law 2016 BCSC 1931

R. v. Duerksen

On a joint submission, the court sentenced two accused for kidnapping, unlawful confinement and related violence, imposed probation and ancillary orders, and applied pre-trial custody credit.

  • Pre-trial custody credit
  • Joint submission
  • Victim impact statements
  • Dna sampling orders
  • Weapons prohibition
  • Victim fine surcharge
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Criminal law 2014 ONCA 470

R. v. Whitlock

The sentencing judge erred in finding the appellant had participated in planning the robbery and kidnapping; that unproven finding could not be relied on as an aggravating factor. The appeal is allowed in part, the original sentence is set aside and concurrent six-year sentences are imposed on each count, with credit for 142 days pre-sentence custody resulting in effective sentences of five years seven months and eight days.

  • Aggravating factors
  • Rehabilitation
  • Mandatory minimum
  • Guilty plea mitigation
  • Concurrent sentences
  • Pre-sentence custody credit
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Criminal law 2013 NSSC 136

R. v. Laffin

The appropriate sentence is determined by established sentencing principles and comparative case law and must be imposed concurrent to the existing life sentence; the Crown's proposed 12 years exceeded the comparable range for the offences pleaded and the Court imposed concurrent sentences resulting in a nine-year federal sentence on a go-forward basis with limited remand credit and ancillary orders.

  • Concurrent sentencing
  • Remand credit
  • Victim fine surcharge
  • Dna order
  • Parole eligibility
  • Denunciation and deterrence
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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 2008 BCSC 689

R. v. Hundal

Sentencing reasons for Gurpreet Singh Hundal after a guilty plea to kidnapping, with an effective sentence of 6 years and 8 months, plus firearms and DNA orders.

  • Kidnap for ransom
  • Joint submission on sentence
  • Pre-sentence custody credit
  • Firearms prohibition
  • Dna order
  • Victim impact
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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 BCCA 598

R. v. Randhawa

The British Columbia Court of Appeal reduced Amandeep Singh Randhawa’s kidnapping sentence from 13 to 11 years, giving more weight to his timely guilty plea.

  • Sentence reduction
  • Guilty plea mitigation
  • Pre-trial custody credit
  • Concurrent sentencing
  • Denunciation and deterrence
  • Sentencing
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Criminal law 2007 BCCA 406

R. v. Abrosimo

The Court of Appeal for British Columbia dismissed Brian Edward Abrosimo’s sentence appeal, upholding a 12-year kidnapping sentence and an 18-year global sentence.

  • Sentence fitness
  • Consecutive sentences
  • Totality principle
  • Aggravating and mitigating factors
  • Pretrial custody credit
  • Sentence-fitness
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