Canada Case Law

R. v. Delair

Court

Supreme Court of British Columbia

The court accepted the joint submission because the proposed global custodial sentence of 15 years was fit and proportionate in all the circumstances and was not so unhinged from the facts as to undermine public confidence; the sentence was imposed as 5,475 days, with 618 days actual pre‑trial custody credited as 927 days, leaving 4,548 days to be served, together with specified ancillary orders.

Source excerpt

• Joint submission
• Mandatory minimums
• Totality principle
• Pre-trial custody credit
• Ancillary orders

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R. v. Field

Court

British Columbia Court of Appeal

The Court of Appeal dismissed John Field’s appeal from convictions for attempted robbery and sexual assault, finding no material misapprehension of evidence or legal error.

• Mens rea
• Actus reus
• Misapprehension of evidence
• Objective test for sexual assault (chase)
• Standard of review: correctness
• Publication ban

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R. v. Gagnon

Court

Supreme Court of British Columbia

Sentencing for robbery and unlawful confinement arising from an elevator attack. The court imposed a five-year-and-six-month global sentence, with concurrent terms and credit for time served.

• Denunciation
• Deterrence
• Protection of the public
• Rehabilitation
• Credit for time served
• Ancillary orders (dna, firearms prohibition, no‑contact)

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R. v. Jasper

Court

Supreme Court of British Columbia

Steven Jasper was sentenced for theft of a taxi, attempted robbery, and dangerous driving arising from a violent March 2017 incident in Vancouver.

• Sentencing principles
• Gladue factors
• Diminished responsibility (drug reaction)
• Credit for time served
• Driving prohibition
• Probation conditions

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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. Agin

Court

Supreme Court of British Columbia

Sentencing decision for a planned armed robbery at a legal marijuana grow operation, involving a prohibited firearm, a shooting, and aggravated assault.

• Denunciation
• Deterrence
• Pre-trial custody credit
• Firearms prohibition
• Guilty plea mitigation
• Aggravated assault

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R. v. Duerksen

Court

Supreme Court of British Columbia

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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R. v. Steinhauer

Court

Supreme Court of British Columbia

Sentencing reasons for a guilty plea to home invasion offences involving a replica firearm, with a global sentence of 10 years and a life firearms prohibition.

• Home invasion
• Use of imitation firearm
• Gladue factors
• Deterrence and denunciation
• Pre-trial custody credit
• Firearms prohibition

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R. v. Bungay-Lloyd

Court

Supreme Court of Nova Scotia

The court accepted the negotiated joint recommendation as a fit and just sentence given the balance of aggravating factors (planning, weapons, victim trauma, proceeds) and mitigating factors (guilty plea, youth, parity with co-accused), imposed a custodial term of 4 years 10 months, applied remand credit of 617 days at 1.5:1, and ordered ancillary measures (mandatory firearms prohibition, DNA order and $200 victim surcharge), finding the joint recommendation appropriate in the circumstances and supported by sentencing principles and relevant authorities.

Source excerpt

• Home invasion
• Joint recommendation
• Guilty plea
• Remand credit
• Victim surcharge
• Firearms prohibition

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