Robbery, Possession of a Schedule I or II substance for the purpose of trafficking, Possession of cannabis for the purpose of selling, Forcible confinement, Uttering threats to cause death or bodily harm, Unauthorized possession of a firearm, Possession of property obtained by crime $5,000 or under, Contravention of firearm storage regulations
R. v. O'Connor
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Kaylee Claire O'Connor was convicted after trial of a home robbery with a baton, unlawful confinement, uttering threats and possessing stolen property, along with possessing and unsafely storing two restricted firearms and possessing cocaine, ketamine, LSD and cannabis for trafficking. The Crown sought a global sentence of three years in custody; the defence sought two years less a day to be served in the community. Justice Morellato imposed a conditional sentence of two years less a day with house arrest and electronic monitoring, followed by three years of probation, citing her lack of a record, rehabilitation since the offences and low risk of reoffending.
In the judge's words
1I would simply add that the CSO in this case advances the goals of deterrence and denunciation through the restrictive terms of house arrest that will encompass almost two years. Furthermore, this CSO also achieves the restorative objective of rehabilitation, while also being consistent with the principles of restraint and proportionality.
The record
- Convicted of
- Robbery (CC 344)
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 3 counts)
- Possession of cannabis for the purpose of selling (CA 10(2))
- Forcible confinement (CC 279(2))
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a))
- Unauthorized possession of a firearm (CC 91(1), 2 counts)
- Possession of property obtained by crime $5,000 or under (CC 354/355(b))
- Contravention of firearm storage regulations (CC 86(2), 2 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Coetzee
Defence: N.C. Jacob
Sources
- R. v. O'Connor, 2026 BCSC 1019 Court decision, CanLII, April 24, 2026
[46] … However, the Crown submitted that considering and applying the totality principle, a four-year sentence would be crushing in Ms. O'Connor's circumstances and asserted a global custodial sentence of three years would be appropriate.
[48] Ms. O'Connor asks the Court to consider a global sentence of two years' less a day by way of a Conditional Sentence Order ("CSO"), with house arrest on electronic monitoring, followed by a three-year probation order.
[169] … The Offences of which Ms. O'Connor has been convicted are not punishable by a minimum term of imprisonment.
[1] These sentencing reasons ("Reasons") relate to the conviction of Ms. Kaylee Claire O'Connor regarding each of the following offences:
[19] … She was 23 years old. She had no criminal record.
[167] … I would simply add that the CSO in this case advances the goals of deterrence and denunciation through the restrictive terms of house arrest that will encompass almost two years. Furthermore, this CSO also achieves the restorative objective of rehabilitation, while also being consistent with the principles of restraint and proportionality.
[185] Accordingly, your sentences total an aggregate of two years less a day of imprisonment in the community. Your probation period will be for three years.
- R. v. O'Connor, 2026 BCSC 1019 Court decision, Courts of British Columbia