Forcible confinement
R. v. Handule
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Abdulkadir Handule was convicted after trial of forcibly confining a man for almost 48 hours in a Burnaby condominium in July 2019, during which staged videos were made of the victim with firearms pointed at him; he was acquitted of kidnapping. The Crown sought the maximum of ten years; the defence sought six years. Justice Winteringham imposed six years, reduced by 54 months of pre-trial credit and served concurrently with a life sentence for later-sentenced Ontario murders, citing his age, harsh pre-trial isolation, and the connection between systemic racism and his conduct.
In the judge's words
1[198] In my view, the sentence I have imposed is a significant one. It is at the higher end of the range and fully addresses denunciation and deterrence while, at the same, time providing some hope for a young man who may yet have a chance to become a contributing member of our society.
The record
- Convicted of
- Forcible confinement (CC 279(2))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Barrenger, T. Fik
Defence: P. McMurray
Sources
- R. v. Handule, 2023 BCSC 1031 Court decision, CanLII, June 13, 2023
[5] The Crown takes the position that Mr. Handule should be sentenced to ten years incarceration, the maximum sentence prescribed by the Criminal Code for this offence.
[7] … He submits that a sentence of six years is appropriate.
[1] On June 15, 2022, Abdulkadir Handule and Abdullah Abdullahi were convicted of forcible confinement of … between July 2-4, 2019 contrary to s. 279(2) of the Criminal Code, R.S.C. 1985, c. C‑46.
[172] First, as I have said, Mr. Handule is a young man who did not have a criminal record at the time this offence was committed.
[198] In my view, the sentence I have imposed is a significant one. It is at the higher end of the range and fully addresses denunciation and deterrence while, at the same, time providing some hope for a young man who may yet have a chance to become a contributing member of our society.
[200] Taking into account the circumstances of the offence, including its gravity and Mr. Handule's moral blameworthiness, and considering the aggravating and mitigating factors, I have found the sentencing principles are best satisfied by imposing a six-year sentence. The sentence is to be reduced by the "Summers" credit of 54 months meaning Mr. Handule has 18 months left to serve. There will thus be a jail sentence of 18 months plus the ancillary orders which were unopposed. This sentence will be served concurrently to the life sentence he is now serving.
- Criminal Code, s. 279 Record, Justice Laws Website
- R. v. Handule, 2023 BCSC 1031 Court decision, Courts of British Columbia