Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle), Kidnapping, Extortion, Aggravated assault
R. v. Cantrill
Sentence and the Crown's position
What the law allows
Neil Cantrill and two co-accused were convicted after trial of kidnapping, extortion, aggravated assault and overcoming resistance by choking in a scheme to extort money from the victim. The Crown sought 10 to 11 years; the defence proposed 3 to 5 years. Justice Branch imposed 10 years on the kidnapping count with concurrent sentences on the other counts, finding that his role as leader of the extortion effort placed him at a higher level of moral culpability than his co-accused.
In the judge's words
1As between Neil and the other co-accused, I find that his leadership role puts him at a higher level of moral culpability, and that his relative lack of remorse and insight creates a higher societal concern, thereby justifying a relatively higher sentence.
The record
- Convicted of
- Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle) (CC 246(a))
- Kidnapping (CC 279(1))
- Extortion (CC 346)
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: T. Mitchell-Banks, Q.C.
Defence: P.S. McMurray
Sources
- R. v. Cantrill, 2021 BCSC 1652 Court decision, CanLII, July 16, 2021
[61] The Crown proposed a 10-11 year sentence for Neil, along with a DNA and firearms orders.
[61] … The defence proposed 3-5 years.
[49] Neil Cantrill ("Neil") is 62 years old.
[62] … As between Neil and the other co-accused, I find that his leadership role puts him at a higher level of moral culpability, and that his relative lack of remorse and insight creates a higher societal concern, thereby justifying a relatively higher sentence.
[67] I find that the appropriate kidnapping sentences are 9 years for Mr. Lowry, 6 years for Stephen Cantrill, and 10 years for Neil Cantrill. [68] The other sentences will run concurrently as follows:
- R. v. Cantrill, 2021 BCSC 1652 Court decision, Courts of British Columbia