R. v. Gilliland (R.F.), 2014 BCCA 399

• Judge: Bauman, C.J.B.C., Harris and Willcock, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 02, 2014
• Jurisdiction: British Columbia
• Citations: 2014 BCCA 399;(2014), 362 B.C.A.C. 224 (CA)

R. v. Gilliland (R.F.) (2014), 362 B.C.A.C. 224 (CA);

    622 W.A.C. 224

MLB headnote and full text

Temp. Cite: [2014] B.C.A.C. TBEd. OC.030

Regina (respondent) v. Raymond Frederick Gilliland (appellant)

(CA039868; 2014 BCCA 399)

Indexed As: R. v. Gilliland (R.F.)

British Columbia Court of Appeal

Bauman, C.J.B.C., Harris and Willcock, JJ.A.

October 20, 2014.

Summary:

The aboriginal accused was convicted of possession of stolen property (a pickup truck); theft of a trailer; break, enter and theft of lawn equipment; dangerous driving; driving while disqualified; and being in possession of break-in instruments. He was sentenced to four years' imprisonment for the break and enter count and concurrent sentences on the remaining counts. The accused appealed the sentence, raising the following issues: (1) whether the trial judge erred in refusing to consider the accused's aboriginal self-identification as a factor on sentencing; (2) whether the Gladue report should be admitted as fresh evidence; (3) if the report was admitted, whether the sentence was fit in light of the new information contained in the report; and (4) whether the accused was entitled to credit at 1.5 time for the 10.5 months that he was on remand pursuant to R. v. Summers (S.) (2014 SCC). The Crown conceded the fourth issue and did not oppose the admission of the Gladue report and the consideration of it in the context of the accused's self-identification as an aboriginal person.

The British Columbia Court of Appeal dismissed the appeal other than to direct that federal correctional authorities do what they could to accommodate the accused's desire to take advantage of any available aboriginal offender programs and to give the accused 1.5 to 1 credit for pre-sentence custody.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - See paragraphs 8 to 29.

Criminal Law - Topic 5851

Sentence - Break and enter - See paragraphs 8 to 29.

Criminal Law - Topic 5854

Sentence - Theft - See paragraphs 8 to 29.

Criminal Law - Topic 5862

Sentence - Possession of stolen goods or goods obtained by crime - See paragraphs 8 to 29.

Criminal law - Topic 5865

Sentence - Dangerous driving - See paragraphs 8 to 29.

Criminal Law - Topic 5870

Sentence - Possession of break-in instruments - See paragraphs 8 to 29.

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - See paragraphs 8 to 29.

Cases Noticed:

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 6].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 6].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 8].

R. v. Armstrong (R.C.), [2010] B.C.A.C. Uned. 101; 2010 BCCA 451, refd to. [para. 19].

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. 21].

R. v. Gilliland (R.F.) (2008), 253 B.C.A.C. 180; 425 W.A.C. 180; 2008 BCCA 118, refd to. [para. 22].

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. 27].

Counsel:

L.J. Helps, for the appellant;

M.J. Brundrett, for the respondent.

This appeal was heard at Vancouver, British Columbia, on October 2, 2014, by Bauman, C.J.B.C., Harris and Willcock, JJ.A., of the British Columbia Court of Appeal. The following reasons for judgment were delivered by Bauman, C.J.B.C., on October 20, 2014.