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Sentencing reasons in a fentanyl trafficking case. The court imposed 30 months’ imprisonment, less time served, and granted DNA, firearms, forfeiture and surcharge orders.
On sentencing for break and enter in a dwelling, the court imposed 18 months' jail, one year probation, DNA, restitution, no-contact and other ancillary orders.
The court sentenced Curtis Wayne Sagmoen for assault causing bodily harm, imposing one day plus time served, 36 months' probation, a weapons ban, and a DNA order.
Sentencing for four firearms offences: the court imposed concurrent jail terms, emphasizing denunciation and deterrence while recognizing guilty plea and rehabilitation.
The Court of Appeal for British Columbia dismissed an application to extend time to appeal a sentence for firearms offences, finding no special circumstances.
Mr. Hopps was sentenced to two years’ imprisonment, followed by three years’ probation, for possession of child pornography, with ancillary orders and registration requirements.
Given the aggravating factors (18 year age gap, repeated progressive sexual activity including intercourse, grooming and nurturing of relationship, victim vulnerability) and sentencing principles emphasizing denunciation and deterrence, a custodial sentence of 9 months with one year probation, DNA order and SOIRA registration is fit and proper; s.109 order refused because no evidence of violence; s.490.012(4) exception not established by accused.
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The judge accepted the joint recommendation but exercised sentencing discretion to impose two years and eleven months' imprisonment, applied one-to-one real-time remand credit for time served on remand, and ordered collateral consequences (DNA order, s.109(3) order and forfeiture) because the evidence of trafficking, the prior relevant conviction and the defendant's conduct warranted denunciation and deterrence.
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The Court of Appeal upheld a 16-year parole ineligibility period for second degree murder, rejecting claims that the sentence was outside the proper range.
Leave to appeal was granted because the appellant raised an arguable legal error: the sentencing judge improperly relied on a minimum sentence for possession of child pornography to conclude that a non‑custodial sentence for sexual assault would be illogical; release pending appeal was granted because the appellant satisfied s.679(4): the appeal had sufficient merit, he would surrender as required, and detention was not necessary in the public interest given lack of prior record, compliance while on pre‑trial release, residence and supervision by his mother, cognitive impairment and the unnec…
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