R. v. Dickson (G.P.), 2015 YKCA 17

• Judge: Bauman, C.J.B.C., D. Smith and Fenlon, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: October 08, 2015
• Jurisdiction: Yukon
• Citations: 2015 YKCA 17;(2015), 377 B.C.A.C. 283 (YukCA)

R. v. Dickson (G.P.) (2015), 377 B.C.A.C. 283 (YukCA);

    648 W.A.C. 283

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. OC.018

Regina (appellant) v. Gerald Patrick Dickson (respondent)

(15-YU756; 2015 YKCA 17)

Indexed As: R. v. Dickson (G.P.)

Yukon Court of Appeal

Bauman, C.J.B.C., D. Smith and Fenlon, JJ.A.

October 8, 2015.

Summary:

The 23 year old intoxicated Aboriginal accused and his 19 year old brother were involved in a fight with the two complainants. The accused struck one of them over the head with a table leg and/or rifle stock. That complainant suffered scalp lacerations requiring 30 stitches. The accused was an alcoholic and had prior convictions for assault causing bodily harm and assault. The victim in both cases was his spouse. The accused had a chaotic and dysfunctional upbringing with an alcoholic and drug-abusing mother. The accused, convicted of assault with a weapon, was sentenced to 6.5 months' imprisonment (time served) followed by two years' probation. The Crown sought leave to appeal, seeking a sentence of 16-18 months' imprisonment. The younger brother was sentenced to a 6.5 month conditional sentence (in addition to three months in custody) plus one year's probation. The Crown argued that the trial judge mis-applied the parity principle and failed to give appropriate weight to the appropriate sentencing range for similar offenders in similar circumstances.

The Yukon Court of Appeal granted leave to appeal, but dismissed the appeal. Fenlon, J.A. (Bauman, C.J.B.C., concurring), held that the parity principle was properly applied and the sentence was not unfit. D. Smith, J.A., concurring in the result, held that the parity principle was misapplied, but agreed that the sentence was not unfit.

Criminal Law - Topic 5806

Sentencing - General - Co-accused - Sentence parity - See paragraphs 22 to 38.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - See paragraphs 22 to 38.

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - See paragraphs 22 to 38.

Cases Noticed:

R. v. R.R.J., 2012 YKTC 14, refd to. [para. 10].

R. v. Currie, 2008 YKTC 23, refd to. [para. 10].

R. v. Johnson, 2011 YKTC 70, refd to. [para. 10].

R. v. Germaine and Moses, 2007 YKTC 90, refd to. [para. 10].

R. v. Payne (S.B.) et al. (2007), 248 B.C.A.C. 48; 412 W.A.C. 48; 2007 BCCA 541, refd to. [para. 22].

R. v. Chambers (D.F.) (2014), 362 B.C.A.C. 22; 622 W.A.C. 22; 2014 YKCA 13, refd to. [para. 25].

R. v. Rawn (H.A.-M.) (2012), 294 O.A.C. 261; 2012 ONCA 487, refd to. [para. 30].

R. v. Johnson (D.K.) (1996), 84 B.C.A.C. 261; 137 W.A.C. 261; 112 C.C.C.(3d) 225 (C.A.), refd to. [para. 32].

R. v. Nasogaluak (L.M.) (2010), 398 N.R. 107; 474 A.R. 88; 479 W.A.C. 88; 2010 SCC 6, refd to. [para. 34].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 35].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 37].

R. v. Bernier (D.C.) (2003), 179 B.C.A.C. 218; 295 W.A.C. 218; 2003 BCCA 134, refd to. [para. 43].

Counsel:

N. Sinclair, for the appellant;

R.A. McConchie, for the respondent.

This application for leave to appeal, and appeal, were heard on August 17, 2015, at Vancouver, B.C., before Bauman, C.J.B.C., D. Smith and Fenlon, JJ.A., of the Yukon Court of Appeal.

On October 8, 2015, the judgment of the Court of Appeal was delivered and the following opinions were filed:

Fenlon, J.A. (Bauman, C.J.B.C., concurring) - see paragraphs 1 to 38;

D. Smith, J.A. - see paragraphs 39 to 45.