Break and enter a dwelling-house, Criminal harassment, Break and enter a place other than a dwelling-house

R. v. Fulton

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed33 months' imprisonment (all counts concurrent), less 31.35 months' credit for pre-trial custody, then 2 years probation1
470 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed33 months in custody
Defence asked20 months in custody
For break and enter a dwelling-house (CC 348(1)(d)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

David Troy Fulton was convicted after trial of criminally harassing a former partner and of three break and enters committed as part of that harassment. The Crown sought a global sentence of four years; Mr. Fulton, who represented himself, sought 20 months. Justice Skolrood imposed 33 months' imprisonment, reduced from 36 months for time spent in segregation in pre-trial custody, followed by two years of probation, stressing denunciation and general deterrence for the harassment of former intimate partners.

In the judge's words

As I have indicated, the principles of specific deterrence and rehabilitation have less significance in this case. Rather, the principles of denunciation and general deterrence are particularly important. With respect to the latter principle, it is important that the court send a strong signal condemning the harassment of former intimate partners.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
20 months in custody1
Appeal
Not yet checked
Counsel
Crown: M.A. MacDonald
Defence: Self-represented (amicus curiae: H. Lucky)

Sources

  1. R. v. Fulton, 2021 BCSC 2721 Court decision, CanLII, July 16, 2021[56] The Crown seeks a global sentence of four years' imprisonment broken down as follows, with the sentences to be served concurrently:[59] … submits that a sentence of 20 months is appropriate, based upon six months for each of Counts 1 to 3, and two months for Count 6, to be served consecutively.[1] THE COURT: On May 25, 2021, David Troy Fulton was convicted of four counts: one count of criminal harassment and three counts of break and enter.[89] As I have indicated, the principles of specific deterrence and rehabilitation have less significance in this case. Rather, the principles of denunciation and general deterrence are particularly important. With respect to the latter principle, it is important that the court send a strong signal condemning the harassment of former intimate partners.[108] THE COURT: On Count 1, the charge of criminal harassment, I sentence you to 33 months' imprisonment; on Count 2, I sentence you to one year's imprisonment; Count 3, I sentence you to two years' imprisonment; Count 6, I sentence you to six months' imprisonment. [109] The sentences on all four counts will be served concurrently and will be followed by a term of probation of two years on terms I will outline shortly. [110] You will be given credit for the time you have served in pre-trial custody, with credit that equates to 31.35 months, leaving a total of 1.65 months or 50 days remaining to be served.
  2. Criminal Code, s. 264 Record, Justice Laws Website
  3. R. v. Fulton, 2021 BCSC 2721 Court decision, Courts of British Columbia

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