R. v. Hawkins (D.W.), 2007 BCCA 487

• Judge: Low, Levine and Thackray, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 11, 2007
• Jurisdiction: British Columbia
• Citations: 2007 BCCA 487;(2007), 247 B.C.A.C. 148 (CA)

R. v. Hawkins (D.W.) (2007), 247 B.C.A.C. 148 (CA);

    409 W.A.C. 148

MLB headnote and full text

Temp. Cite: [2007] B.C.A.C. TBEd. OC.033

Regina (respondent) v. David Wayne Hawkins (appellant)

(CA032801; 2007 BCCA 487)

Indexed As: R. v. Hawkins (D.W.)

British Columbia Court of Appeal

Low, Levine and Thackray, JJ.A.

October 11, 2007.

Summary:

An accused convicted of criminal harassment and uttering death threats was sentenced to three years' imprisonment and given no credit for pre-trial custody. The accused appealed the failure to give him credit for time served.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - The accused was convicted of criminal harassment and uttering death threats and was sentenced to a total of three years' imprisonment - The trial judge refused to give credit for the 10 weeks the accused spent in pre-trial custody on the ground that the accused posed a danger to society - The British Columbia Court of Appeal held that the trial judge did not err in exercising his discretion - Although credit was normally given for pre-trial custody, the trial judge had a discretion to deny credit for good reason - A finding that the accused posed a danger to society constituted good reason - Even if credit should have been given, the sentence imposed was not manifestly unfit.

Cases Noticed:

R. v. Hawkins (D.W.), 2002 BCPC 590, refd to. [para. 6].

R. v. Wust (L.W.) et al. (2000), 252 N.R. 332; 134 B.C.A.C. 236; 219 W.A.C. 236; 143 C.C.C.(3d) 129 (S.C.C.), refd to. [para. 8].

R. v. Mills (D.J.) (1999), 119 B.C.A.C. 284; 194 W.A.C. 284; 133 C.C.C.(3d) 451 (C.A.), refd to. [para. 9].

R. v. Ubhi (J.S.) (1996), 77 B.C.A.C. 19; 126 W.A.C. 19; 109 C.C.C.(3d) 379 (C.A.), refd to. [para. 10].

R. v. Rezaie (M.) (1996), 96 O.A.C. 268; 31 O.R.(3d) 713;112 C.C.C.(3d) 97 (C.A.), refd to. [para. 10].

R. v. C.A.M. (1996), 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81; 105 C.C.C.(3d) 327 (S.C.C.), refd to. [para. 11].

Counsel:

R.S. Gill, for the appellant;

W.J.S. Bell, for the respondent.

This appeal was heard on September 21, 2007, at Vancouver, B.C., before Low, Levine and Thackray, JJ.A., of the British Columbia Court of Appeal.

On October 11, 2007, Thackray, J.A., delivered the following judgment for the Court of Appeal.