Kidnapping, Extortion, Break and enter a dwelling-house
R. v. J.W.E.L.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown asked4 years and 6 months in custody1
Judge imposed4.5 years' imprisonment on all counts, concurrent1
What the law allows
MaximumLife imprisonment
Crown asked4 years and 6 months in custody
Judge imposed4 years and 6 months in custody
Defence asked4 years and 6 months in custody
The offender was convicted after trial of kidnapping, extortion and breaking and entering for kicking in the window of a man's basement suite and confining him in a vehicle while wielding a machete in December 2017. Crown and defence made a joint submission of 4.5 years. Justice Crerar accepted the joint submission and imposed 4.5 years concurrent on all counts, describing the kidnapping as impulsive and far from typical and finding genuine remorse.
In the judge's words
1At the same time, the present circumstances are far from a typical case of kidnapping.
The record
- Convicted of
- Kidnapping (CC 279(1))
- Extortion (CC 346)
- Break and enter a dwelling-house (CC 348(1)(d))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: R. Khangura
Defence: K. Westell
Sources
- R. v. J.W.E.L., 2021 BCSC 2572 Court decision, CanLII, November 12, 2021
[8] The joint submission is as follows. With respect to the breaking and entering and the kidnapping, there be a custodial sentence of 4.5 years to be served concurrently.
[8] The joint submission is as follows. With respect to the breaking and entering and the kidnapping, there be a custodial sentence of 4.5 years to be served concurrently.
[13] At the same time, the present circumstances are far from a typical case of kidnapping.
[22] … That is, again, 4.5 years concurrently served for the breaking and entering, kidnapping, and extortion, and 18 months concurrently served for the assault, with the ancillary DNA and firearms ban orders.
- R. v. J.W.E.L., 2021 BCSC 2572 Court decision, Courts of British Columbia