Using an imitation firearm in the commission of an offence, Assault causing bodily harm

R. v. Campbell

Sentence and the Crown's position

Crown asked22 months in custody1
Judge imposed22 months (660 days) jail, less 391.5 days' pre-sentence credit, then 24 months probation (joint submission)1

What the law allows

Maximum14 years
Crown asked22 months in custody
Judge imposed22 months in custody
Defence asked22 months in custody
For using an imitation firearm in the commission of an offence (CC 85(2)), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 13% of the maximum. Read the section.

Bryce Campbell pleaded guilty to assault causing bodily harm and using an imitation firearm during the assault, after joining an attack on a man in a Surrey apartment in June 2020. The Crown and defence made a joint submission. Justice Walkem accepted it, imposing 22 months in jail less 391.5 days' pre-sentence credit, followed by 24 months of probation, after considering his Métis heritage, his childhood in foster care and his FASD diagnosis under Gladue principles.

In the judge's words

[27] Here the sentence proposed for both offences combined falls within the low end of the range for similar offences.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
22 months in custody1
Appeal
Not yet checked
Counsel
Crown: C.G. Reimer
Defence: J. Dosanjh

Sources

  1. R. v. Campbell, 2023 BCSC 753 Court decision, CanLII, April 13, 2023[2] Counsel advised they had reached a joint submission on sentencing. … [29] Mr. Campbell, if you would please stand. Thank you. Your sentence is as the joint sentencing recommendation provided. … The sentence is for 22 months in jail or 660 days[2] Counsel advised they had reached a joint submission on sentencing. … [29] Mr. Campbell, if you would please stand. Thank you. Your sentence is as the joint sentencing recommendation provided. … The sentence is for 22 months in jail or 660 days[1] THE COURT: The defendant, Bryce Campbell, pleaded guilty to Counts 1 and 3 of the amended indictment.[27] Here the sentence proposed for both offences combined falls within the low end of the range for similar offences.[30] You will receive pretrial credit of 391.5 days, that is for time served credited at 1.5 days. The sentence is for 22 months in jail or 660 days, less the pretrial credit I have outlined … [31] Once released from custody, you must comply with a probation order for 24 months.
  2. R. v. Campbell, 2023 BCSC 753 Court decision, Courts of British Columbia

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