Assaulting a peace officer with a weapon or causing bodily harm, Uttering threats to cause death or bodily harm, Breach of a release order
R. v. Dergez
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Blake Dergez was convicted after trial of assaulting a police officer with a weapon and uttering threats, after throwing gasoline on an RCMP officer in Vernon and threatening to set him on fire, and pleaded guilty to four counts of breaching his release order. The Crown sought 36 months in custody. Justice Wilson imposed 25 months, less 214 days of credit, finding his moral blameworthiness high while reducing the 29-month total for totality.
In the judge's words
1[57] While what Mr. Dergez did is not at the highest end of the circumstances involving assaults of police officers with a weapon, it is nonetheless most assuredly not at the low end of the spectrum either, recognizing that a potentially life‑threatening situation was only avoided because … acted quickly and was joined promptly by his fellow officers.
The record
- Convicted of
- Assaulting a peace officer with a weapon or causing bodily harm (CC 270.01)
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Breach of a release order (CC 145(5), 4 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Park
Defence: C. Johnson
Sources
- R. v. Dergez, 2024 BCSC 1367 Court decision, CanLII, May 13, 2024
[17] The Crown's sentencing position is for a three‑year sentence. … Adjusted for totality, Crown says an appropriate sentence is 36 months.
Blake Everett DERGEZ, on or about the 9th day of September, 2021, at or near Vernon, in the Province of British Columbia, did knowingly utter or convey a threat to …
[21] … Additionally, Mr. Dergez had only been released on bail shortly before this offence and was in breach of the terms of that bail when he was arrested on this occasion.
[57] While what Mr. Dergez did is not at the highest end of the circumstances involving assaults of police officers with a weapon, it is nonetheless most assuredly not at the low end of the spectrum either, recognizing that a potentially life‑threatening situation was only avoided because … acted quickly and was joined promptly by his fellow officers.
[66] The total period of incarceration would therefore be 29 months. Based on the totality principle, as it relates to the matters that are before me for sentencing, I reduce that total to 25 months. In order to calculate the number of days, 25 months is 750 days. As of today's date, by my calculations, and I can be corrected, Mr. Dergez is entitled to credit of 214 days, based on enhanced credit, leaving 536 days remaining to serve.
- Criminal Code, s. 270.01 Record, Justice Laws Website
- R. v. Dergez, 2024 BCSC 1367 Court decision, Courts of British Columbia