R. v. Finlay (S.), (2016) 390 B.C.A.C. 281 (CA)
| Judge | Groberman, Goepel and Fenlon, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | July 08, 2016 |
| Jurisdiction | British Columbia |
| Citations | (2016), 390 B.C.A.C. 281 (CA);2016 BCCA 299 |
R. v. Finlay (S.) (2016), 390 B.C.A.C. 281 (CA);
673 W.A.C. 281
MLB headnote and full text
Temp. Cite: [2016] B.C.A.C. TBEd. JL.027
Regina (respondent) v. Sundance Finlay (appellant)
(CA43274)
Regina (appellant) v. Sundance Finlay (respondent)
(CA43309; 2016 BCCA 299)
Indexed As: R. v. Finlay (S.)
British Columbia Court of Appeal
Groberman, Goepel and Fenlon, JJ.A.
July 8, 2016.
Summary:
The now 38 year old aboriginal accused pleaded guilty to aggravated assault and trafficking in cocaine. Police purchased cocaine from the accused on three occasions. The accused was involved in a dial-a-dope operation for pure profit motive. On another occasion, after the accused had hustled several men at a game of pool, one of the group insulted the accused's sister. The accused sucker-punched the man, causing a significant brain injury with permanent debilitating effects. The accused had a traumatic aboriginal upbringing and had multiple convictions, but none since 2002. The trial judge sentenced the accused to three years' imprisonment for aggravated assault and a 12 month conditional sentence for trafficking. It was conceded that the conditional sentence was illegal. The Crown appealed the trafficking sentence, seeking an 18 month custodial sentence. The accused appealed the aggravated assault sentence, arguing that the trial judge failed to give adequate weight to his remorse, guilty plea and his aboriginal heritage.
The British Columbia Court of Appeal allowed the Crown's appeal and substituted a sentence of nine months' imprisonment (consecutive to the aggravated assault sentence) for trafficking in cocaine. The court dismissed the accused's appeal from the three year sentence for aggravated assault.
Criminal Law - Topic 5720.4
Punishments (sentence) - Conditional sentence - When available or appropriate - See paragraph 31.
Criminal Law - Topic 5846.1
Sentencing - Considerations on imposing sentence - Aboriginal offenders - See paragraphs 21 to 50.
Criminal Law - Topic 5850
Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - See paragraphs 29 to 50.
Criminal Law - Topic 5938
Sentencing - Sentence - Particular offences - Aggravated assault - See paragraphs 29 to 50.
Counsel:
L.J. Helps, for Mr. Finlay;
E. Campbell, for the Provincial Crown;
P. Eccles, for the Federal Crown.
These appeals were heard on April 26, 2016, at Vancouver, B.C., before Groberman, Goepel and Fenlon, JJ.A., of the British Columbia Court of Appeal.
On July 8, 2016, Goepel, J.A., delivered the following judgment for the Court of Appeal.
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R. v. Quash, 2018 YKTC 43
...Cases R. v. Hulshof, 2001 BCCA 308; R. v. Sidhu, 2005 BCCA 178; R. v. Craig, 2005 BCCA 484; R. v. L.D.W., 2005 BCCA 404; R. v. Finlay, 2016 BCCA 299; R. v. MacDonald, 2012 BCCA 155; R. v. Grant, 2016 BCSC 2588; R. v. Kaspers, 2018 BCSC 1558; R. v. Kavinsky, 2017 ONSC 379; R. v. Leslie, 2018......
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R v. Diedricksen, 2018 BCCA 336
...In addition to Voong, the sentencing judge cited a number of decisions of this Court, including R. v. Oates, 2015 BCCA 259; R. v. Finlay, 2016 BCCA 299; and R. v. Serov, 2017 BCCA 456. These are cases in which participation in a dial-a-dope or similar operation was considered an aggravating......
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