Mischief causing actual danger to life, Reckless discharge of a firearm, Flight from a peace officer, Mischief over $5,000, Possession of a weapon for a dangerous purpose
R. v. Russell
Sentence and the Crown's position
What the law allows
Paul Nicholas Russell was found guilty after trial of reckless discharge of a firearm, possession of a weapon for a dangerous purpose, flight from a peace officer and two counts of mischief after he fired a rifle into the RCMP detachment and police vehicles in Vanderhoof and then fled from police. The Crown sought 10 to 12 years less credit; the defence sought time served plus two years of probation. Justice Marzari imposed ten years in prison, with 18 months for the flight consecutive to concurrent 8.5-year terms, crediting his lack of a record, mental illness and remorse.
In the judge's words
1I have also considered the totality these sentences would result in, and I consider that the resulting sentence is an overall fit sentence that reflects the very significant gravity of Mr. Russell's conduct.
The record
- Convicted of
- Mischief causing actual danger to life (CC 430(2))
- Reckless discharge of a firearm (CC 244.2)
- Flight from a peace officer (CC 320.17)
- Mischief over $5,000 (CC 430(3))
- Possession of a weapon for a dangerous purpose (CC 88)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Time served1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: G. Furmaniuk, D. Jardine, KC
Defence: D. Turko, KC
Sources
- R. v. Russell, 2023 BCSC 2039 Court decision, CanLII, November 7, 2023
[3] The Crown seeks a significant term of incarceration, of between 10-12 years (less credit for time served) in relation to these incidents, and emphasizes the planned and deliberate nature of the attack on the Vanderhoof RCMP detachment, its impact on individual members, and on the community.
[4] Mr. Russell says that his sentence should be time served (almost two years to date) plus 2 years probation.
[79] The statutory mandatory minimum sentence of four years' imprisonment, set out in s. 244.2(3)(b) was struck down retroactively in January of this year by the Supreme Court of Canada in R. v. Hills, 2023 SCC 2 , and it has now been removed from the Code.
[1] Just after noon on November 25, 2021, Mr. Paul Nicholas Russell approached the RCMP detachment in Vanderhoof in his white pickup truck.
[31] At the time of the offences, Mr. Russell had no criminal record, and he is a first-time offender for the purposes of this sentencing.
I have also considered the totality these sentences would result in, and I consider that the resulting sentence is an overall fit sentence that reflects the very significant gravity of Mr. Russell's conduct.
[136] I sentence you to ten years in prison. [137] Mr. Russell should be credited with his time in custody, which as of today, November 7, 2023, will amount to 711 days. The credit should be multiplied by 1.5 to bring the total credit to 1,067 days, or 2 years plus 337 days.
- R. v. Russell, 2023 BCSC 2039 Court decision, Courts of British Columbia