Extortion, Assault with a weapon, Assault causing bodily harm, Forcible confinement
R. v. Hughes
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Douglas Wayne Hughes was convicted after trial of extortion, unlawful confinement, assault causing bodily harm and assault with a weapon for his part in the beating, confinement and burning of a man over a drug debt at a Victoria supportive housing facility. The Crown sought four years concurrent on each count. Justice Chan imposed 3.5 years concurrent, less 598 days of pre-sentence credit, followed by 12 months of probation, noting that he was not the directing mind and did not take part in the branding or burning.
In the judge's words
1[42] I find a sentence of 3.5 years in these circumstances is sufficiently long to meet the objectives of denunciation, deterrence and protection of the public, but not so unduly long as to hinder any prospects of rehabilitation. It is within the range for these offences. In particular, I take into account Mr. Hughes' role in these offences. He was not the directing mind, he was following orders and he did not directly partake in the branding or the setting on fire of the victim.
The record
- Convicted of
- Extortion (CC 346)
- Assault with a weapon (CC 267(a))
- Assault causing bodily harm (CC 267(b))
- Forcible confinement (CC 279(2))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: P.A. Weir, R.C. Fowler
Defence: M. Swartz
Sources
- R. v. Hughes, 2024 BCSC 1103 Court decision, CanLII, June 5, 2024
[25] The Crown submits an appropriate sentence is four years concurrent on each count, less time served.
[32] Mr. Hughes' position is an appropriate sentence is concurrent sentences of two years for extortion, three years for the unlawful confinement and 18 months for the assault with a weapon and assault causing bodily harm, less time served.
[2] Douglas Wayne Hughes is before the court for sentencing today.
[13] He was serving a conditional sentence order when he was arrested for these offences in April 2022. He was also on bail for a charge of drug trafficking, impaired driving and breach of a release order in April 2022.
[42] I find a sentence of 3.5 years in these circumstances is sufficiently long to meet the objectives of denunciation, deterrence and protection of the public, but not so unduly long as to hinder any prospects of rehabilitation. It is within the range for these offences. In particular, I take into account Mr. Hughes' role in these offences. He was not the directing mind, he was following orders and he did not directly partake in the branding or the setting on fire of the victim.
[44] Mr. Hughes, on each count, I sentence you to 3.5 years less time served of 598 days, for a net sentence of 679 days, all sentences to run concurrently.
- Criminal Code, s. 346 Record, Justice Laws Website
- R. v. Hughes, 2024 BCSC 1103 Court decision, Courts of British Columbia