Forcible confinement
R. v. Brown
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
Crown asked3 years in custody1
Judge imposed22 months conditional sentence, then 12 months probation1
3 years less custody than the Crown asked
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Maximum10 years
Crown asked3 years in custody
Judge imposed22 months conditional sentence
Raymond Tyrell Brown pleaded guilty to forcible confinement for luring a man into a vehicle in Langley in August 2017, after which others confined and beat him for several days in Dawson Creek. The Crown sought three years in jail; the defence sought a conditional sentence approaching two years. Justice Riley imposed a 22-month conditional sentence followed by 12 months of probation, finding Mr. Brown's role brief and his rehabilitative prospects good.
In the judge's words
1In my view, Mr. Brown's rehabilitative prospects are good. It has been five years since the offence. He has been on bail for almost two years.
The record
- Convicted of
- Forcible confinement (CC 279(2))
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: S. McCallum
Defence: V.M. Williams
Sources
- R. v. Brown, 2022 BCSC 2372 Court decision, CanLII, December 16, 2022
[3] On the one hand, when viewed objectively and in its totality, the offence is serious and the effects upon the victim have been severe and prolonged. Thus Crown counsel submits that Mr. Brown should receive a sentence of three years in jail in conjunction with a number of ancillary orders.
[1] Mr. Brown is before the court for sentencing following a guilty plea to the offence of forcible confinement.
d) Mr. Brown's prior criminal record. Mr. Brown has no criminal record in Canada but was previously convicted of importing heroin into Australia, for which he received a five-year jail sentence.
[60] These comments provide a useful segue into a discussion of the principle of rehabilitation. In my view, Mr. Brown's rehabilitative prospects are good. It has been five years since the offence. He has been on bail for almost two years.
[63] My conclusion is that a fit sentence in your case is a jail sentence of 22 months to be served in the community by way of a conditional sentence order. The conditional sentence order will be followed by a further 12-month probation order.
- Criminal Code, s. 279 Record, Justice Laws Website
- R. v. Brown, 2022 BCSC 2372 Court decision, Courts of British Columbia