R. v. Bagga (H.S.), (1991) 2 B.C.A.C. 171 (CA)

• Judge: Carrothers, Wallace and Locke, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 20, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 2 B.C.A.C. 171 (CA)

R. v. Bagga (H.S.) (1991), 2 B.C.A.C. 171 (CA);

    5 W.A.C. 171

MLB headnote and full text

Her Majesty The Queen (respondent) v. Harkirat Singh Bagga (appellant)

(CA010333)

Indexed As: R. v. Bagga (H.S.)

British Columbia Court of Appeal

Carrothers, Wallace and Locke, JJ.A.

June 20, 1991.

Summary:

The accused pleaded guilty to attempted murder and was sentenced to 14 years' imprisonment. The accused applied for leave to appeal the sentence.

The British Columbia Court of Appeal granted leave but dismissed the appeal.

Criminal Law - Topic 5881

Sentence - Attempted murder - The 17 year old Sikh accused carried out a deliberate and premeditated plan to kill the editor of an Indian newspaper in Canada - The attempted murder was politically and racially motivated - The editor allegedly maligned the accused's father - The editor was shot four times with a .357 handgun with hollow tipped bullets, designed to inflict maximum damage - The editor survived, but was now partially paralyzed and confined to a wheelchair - The accused served four months' pretrial custody and had no previous convictions - The British Columbia Court of Appeal held that a sentence of 14 years' imprisonment was appropriate.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 222 [para. 1].

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 3 [para. 13].

Counsel:

I. Donaldson, for the appellant;

   A. Tobin, for the respondent.

This appeal was heard before Carrothers, Wallace and Locke, JJ.A., of the British Columbia Court of Appeal.

On June 20, 1991, Wallace, J.A., delivered the following judgment orally for the Court of Appeal.