Robbery, Aggravated assault, Forcible confinement, Assault

R. v. Cuthbert

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposedFive years' imprisonment (all counts concurrent), less 1,326 days' credit, then one year probation1

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed5 years in custody
Defence askedTime served
For robbery (CC 344), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Raymond Wade Cuthbert was convicted after trial, with two co-accused, of confining two people in a garden shed behind a Powell River homeless shelter for several hours in June 2022 over drugs he believed had been stolen, and of being a party to robbery, assault and an aggravated assault in which one victim was repeatedly burned with a heated knife. The Crown sought a global sentence of five years; the defence sought time served. Justice Mayer imposed five years' imprisonment on the most serious counts, all concurrent, less 1,326 days' credit for pre-sentence custody, followed by one year of probation, finding that denunciation and deterrence required a significant period of incarceration.

In the judge's words

In my view, the need to satisfy the object of denunciation and deterrence is one that requires this Court to impose a significant period of incarceration as a way to express society's condemnation of Mr. Cuthbert's conduct and to deter similar conduct in the future.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Time served1
Appeal
Not yet checked
Counsel
Crown: J.C. Young
Defence: D.M. Melville

Sources

  1. R. v. Cuthbert, 2025 BCSC 411 Court decision, CanLII, February 21, 2025[25] With respect to the Crown's position on a fit sentence in this case the Crown submits that a global sentence of five years' imprisonment should be imposed.[27] The position of the defence is that Mr. Cuthbert should be sentenced to time served, approximately 41 months to date, as well as ancillary orders sought by the Crown, which I will review later, and that there should be no order with respect to probation, except for an order prohibiting Mr. Cuthbert from having any contact with …[1] THE COURT: These are my reasons for sentence in respect of the charges brought against the defendant in this matter, Raymond Wade Cuthbert, for which he has now been convicted.[72] In my view, the need to satisfy the object of denunciation and deterrence is one that requires this Court to impose a significant period of incarceration as a way to express society's condemnation of Mr. Cuthbert's conduct and to deter similar conduct in the future.[79] Again, all of those sentences are to be served concurrently. [80] Now, with respect to credit for pretrial custody, it is agreed that you, Mr. Cuthbert, have spent 884 days in pretrial custody up to and including February 21, 2025, which results in a credit for pretrial custody of 1,326 days. So this results in a balance of the sentence to be served of 499 days, calculated as follows: five years times 365 days is 1,825 days, minus 1,326 days for time served, leaves a balance of 499 days. … [84] In my view, a period of probation of one year after you complete your custodial sentence is appropriate
  2. Criminal Code, s. 344 Record, Justice Laws Website
  3. R. v. Cuthbert, 2025 BCSC 411 Court decision, Courts of British Columbia

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