Aggravated assault of a peace officer, Disarming a peace officer
R. v. Telechea
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Carlo Francisco Telechea pleaded guilty to aggravated assault of a peace officer and disarming a peace officer after beating a police sergeant with the officer's own baton in a Vancouver hotel lobby. The Crown sought six years in custody and the defence a conditional sentence of two years less a day. Justice Baker imposed two years less a day in custody, reduced from 30 months for totality, followed by three years of probation, citing Gladue factors and his progress in recovery while rejecting a conditional sentence.
In the judge's words
1I find that a punitive sentence is required to reflect society's abhorrence of the use of violence and weapons in response to conflict. The sentence must also address general deterrence, given the importance of the safety of law enforcement in executing their duties. I do not agree a conditional sentence order would be appropriate in this case.
The record
- Convicted of
- Aggravated assault of a peace officer (CC 270.02)
- Disarming a peace officer (CC 270.1)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: J.A. Lawton
Defence: M.A. Patterson
Sources
- R. v. Telechea, 2024 BCSC 2220 Court decision, CanLII, October 18, 2024
[27] The Crown seeks a term of incarceration of six years on Count 1, which is the assaulting a police officer, and one year consecutive on Count 2, which is disarming a police officer, resulting in an aggregate sentence of seven years. The Crown then submits the overall sentence should be reduced, applying the principle of totality, to six years in total, with 5.5 years for Count 1 and six months for Count 2.
[29] Mr. Telechea seeks a conditional sentence order of two years less a day with three years' probation.
[1] THE COURT: On April 17, 2023, Mr. Telechea pled guilty to aggravated assault of … contrary to s. 270.02 of the Criminal Code, and of disarming a peace officer, contrary to s. 270.1 of the Code.
[51] … I find that a punitive sentence is required to reflect society's abhorrence of the use of violence and weapons in response to conflict. The sentence must also address general deterrence, given the importance of the safety of law enforcement in executing their duties. I do not agree a conditional sentence order would be appropriate in this case.
[61] Mr. Telechea, could you please stand? For the reasons I have expressed, I sentence you to a total custodial sentence of two years less a day, which is 729 days, followed by three years of probation. You will receive presentence credit of 347 days, leaving you with 382 remaining days in custody.
- Criminal Code, s. 270.02 Record, Justice Laws Website
- R. v. Telechea, 2024 BCSC 2220 Court decision, Courts of British Columbia