R. v. Subhag (R.P.) 2012 BCCA 246
Criminal Law - Sentencing - Considerations
This case concerned identity theft involving almost $250,000. Subhag pleaded guilty to attempted theft of money (two counts), and theft of money (two counts), on Information 173471. On Information 185945, Subhag pleaded guilty to one count of theft of money. Because of the Crown’s inadvertent delay in charge approval, Information 185945 was not sworn until after the coming into force of the amendments under the Truth in Sentencing Act, limiting credit for pre-sentence custody to one day for each day in custody.
The British Columbia Provincial Court, in a decision not reported in this series of reports, imposed an effective sentence of two years’ imprisonment. For the four counts on Information 173471, the judge imposed concurrent sentences resulting in a two-year period of imprisonment, reduced by four months as double-time credit for time served in pre-sentence custody. For the count on Information 185945, the judge imposed a sentence of two years, reduced by credit for the two months actually served before sentencing. Subhag applied for leave and if granted, appealed the effective sentence. He claimed the sentence was excessive, given his contention that his commission of the offences was unsophisticated. The Crown conceded its delay in charge approval deprived Subhag of two extra months reduction for “dead time”.
The British Columbia Court of Appeal granted leave to appeal and allowed the appeal to the limited extent of reducing the sentence on Information 185945 from 22 months to 20 months’ imprisonment. The effective sentence of two years was fit.