Reckless discharge of a restricted or prohibited firearm, Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Dangerous operation of a conveyance, Possession of a controlled substance
R. v. West
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Eric West pleaded guilty to reckless discharge of a prohibited or restricted firearm, possession of a loaded prohibited firearm, dangerous driving and possession of a firearm while prohibited, for driving the vehicle in a planned drive-by shooting at a Prince George home and the police pursuit that followed; he was also convicted after trial of two drug possession counts. The Crown sought a global sentence of six years and the defence four years. Justice Tindale imposed five and a half years (2,007 days) less 1,199 days of pre-trial credit, finding that although he was the getaway driver and not a shooter, he was a willing participant in a planned shooting.
In the judge's words
1This was a planned shooting, and even though the offender was not one of the shooters, he was a willing participant and agreed to drive his co‑accused and drove the getaway vehicle through the streets of Prince George.
The record
- Convicted of
- Reckless discharge of a restricted or prohibited firearm (CC 244.2(3)(a))
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Dangerous operation of a conveyance (CC 320.13(1))
- Possession of a controlled substance (CDSA 4(1), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: R.D. Withall
Defence: R. Larmer
Sources
- R. v. West, 2022 BCSC 2348 Court decision, CanLII, December 15, 2022
[31] The Crown submits that the offender should receive a global sentence of six years' incarceration, less credit for his pretrial detention.
[40] The offender argues that on Court File Number 74659‑2, he should receive a global sentence of four years' incarceration less credit for the time he has spent in custody since October 8, 2020.
[1] THE COURT: The offender, Eric West, entered pleas of guilty to the following counts on Prince George Registry Court File Number 74659‑2:
[61] This was a planned shooting, and even though the offender was not one of the shooters, he was a willing participant and agreed to drive his co‑accused and drove the getaway vehicle through the streets of Prince George.
[78] That is a total of five and a half years or 2,007 days. I am granting you credit of 1,199 days for your pre-trial custody. The global sentence imposed on you on Court File Number 74659‑2 is therefore 808 days.
- R. v. West, 2022 BCSC 2348 Court decision, Courts of British Columbia