Kidnapping with a restricted or prohibited firearm, Robbery with a restricted or prohibited firearm, Aggravated assault, Using a firearm in the commission of an offence, Forcible confinement, Occupant of a motor vehicle knowing there is a firearm
R. v. Laglace
Sentence and the Crown's position
What the law allows
Stacy Ray Laglace pleaded guilty to seven counts, including aggravated assault, kidnapping and robbery with a restricted or prohibited firearm, and two counts of using a firearm, after he beat, shot and abandoned the victim near Dawson Creek in 2018. The Crown and defence jointly proposed five years' incarceration less time served and two years of probation. Justice Forth accepted the joint submission, crediting 1,145 days of pre-sentence custody and finding the Gladue factors compelling.
In the judge's words
1In all the circumstances, I am satisfied that the proposed sentence is a fit one and is in the interests of justice. I specifically find that the Gladue factors in Mr. Laglace's case are compelling.
The record
- Convicted of
- Kidnapping with a restricted or prohibited firearm (CC 279(1.1)(a))
- Robbery with a restricted or prohibited firearm (CC 344(1)(a))
- Aggravated assault (CC 268)
- Using a firearm in the commission of an offence (CC 85(1), 2 counts)
- Forcible confinement (CC 279(2))
- Occupant of a motor vehicle knowing there is a firearm (CC 94(1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Cassell
Defence: A.J. Lagemaat
Sources
- R. v. Laglace, 2022 BCSC 1773 Court decision, CanLII, August 19, 2022
[53] The Crown seeks a custodial sentence of five years, with significant weight being given to the principles of denunciation and deterrence.
[4] The Crown and defence made a joint submission for a total of five years' incarceration, less time served, and two years of probation.
[33] There are mandatory minimums of one-year consecutive to all other sentences respecting Counts 3 and 7.
[2] The offender was charged on a 19‑count indictment arising from an incident that occurred on November 7, 2018 when the offender, Stacy Ray Laglace, assaulted, kidnapped, and shot … multiple times.
In all the circumstances, I am satisfied that the proposed sentence is a fit one and is in the interests of justice. I specifically find that the Gladue factors in Mr. Laglace's case are compelling.
[64] Mr. Laglace, I sentence you to five years' incarceration, less time served. … [66] You have served 1,145 days in pre-sentence custody, which will be attributed to Count 2 and the remainder to Count 3. This leaves you with 681 days left to serve. … [69] I will also sentence you to a 24‑month period of probation.
- R. v. Laglace, 2022 BCSC 1773 Court decision, Courts of British Columbia