Legal arguments delay sentencing in shooting

NANAIMO – Jeffrey Oud, 38, convicted in 2012 incident.

A Nanaimo man convicted for a July 2012 shooting will have to wait until September to see how long his sentence will be.

Jeffrey Ryan Oud, 38, was found guilty of mischief, endangering life and unlawfully discharging a firearm at a house in downtown Nanaimo.

In B.C. Supreme Court on Tuesday, Judge Robin Baird ruled that a mandatory minimum sentence of four years facing Oud was unconstitutional, contrary to a section in the Charter of Rights and Freedoms that states no one shall be subjected to cruel and unusual punishment.

Crown counsel is expected to argue against that in September, which prevented the sentence from being handed down. However, seeing as close to three years have passed, and the fact Baird said Oud was exposed to a jail sentence, he was taken into custody to begin jail time.

“The argument was that four years as a minimum is unjust,” said Bert King, Oud’s legal counsel. “It may well be that in a case like this, four years is appropriate without a minimum and I think that’s what Justice Baird [was] saying in that courtroom.”

King said how much time his client is credited for will be determined in September.

“Because this is what’s called ‘dead time,’ in the sense that it’s prior to sentencing, he may get time-and-a-half, because it’s harder time when you go down to a prison and await your sentence … basically you’re stuck in a giant, sort of 10-room condo, and you’re not leaving but for an hour a day to go out into a cement area and play basketball or walk around, so it’s harder time,” said King.

Lesley Ruzicka and Basil McCormick, Crown counsellors, didn’t wish to comment until the case was concluded.

The court heard that at the time of the incident, Oud was an addict, looking to buy drugs and was ripped off of money. He subsequently fired seven rounds from a rifle at the house.

A bullet grazed the cheek of a person inside the house, but no one else was injured.

Just Posted

Janice Coady, left, Aimee Chalifoux and Linda Milford at a vigil for Amy Watts on Wednesday, June 16, outside Nanaimo city hall. (Greg Sakaki/News Bulletin)
‘We need to do better,’ says mother of woman who was killed in Nanaimo

Vigil held for former outreach worker Amy Watts, whose body was found downtown June 3

The B.C. Ministry of Education has announced close to $44 million for the province’s schools for COVID-19 recovery. (News Bulletin file)
Nanaimo-Ladysmith school stakeholders say COVID-19 recovery funding can make a difference

B.C. Ministry of Education announces it expects a ‘near-normal’ return to class in September

Nanaimo artist Melissa Anderson has paintings on display at White Rabbit Coffee Co. for the next month. (Josef Jacobson/News Bulletin)
Nanaimo painter showcases coastal Island views in first exhibit in two years

Melissa Anderson presents ‘Seascapes’ oil painting exhibit at White Rabbit Coffee Co.

New COVID-19 cases on Vancouver Island by local health area for the week of June 6-12. (B.C. Centre for Disease Control image)
New COVID-19 cases up on Island, but health officials say trends going right way

There were 22 new COVID-19 cases in Greater Victoria last week after just four the week before

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

The Co-op gas station at Whiskey Creek is burning after a camper van exploded while refueling just before 4 p.m. on Thursday, June 17, 2021. (FACEBOOK PHOTO)
Exploding camper van torches Highway 4 gas station between Qualicum Beach and Port Alberni

Highway traffic blocked after Whiskey Creek gas station erupts into flames

Helen Austin performing with Trent Freeman at the 2018 Vancouver Island MusicFest. Austin is one of the many performers listed for the 2021 event.
Vancouver Island MusicFest goes virtual for 2021

Black Press to stream 25 hours of programming July 9-11

Greater father involvement in the home leads to improved childhood development and increased marital satisfaction, says expert. (Black Press Media file photo)
Vancouver Island researcher finds lack of father involvement a drag on gender equality

Working women still taking on most child and household duties in Canada: UVic professor

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

The first suspension bridge is the tallest in Canada, with a second suspension bridge just below it. The two are connected by a trail that’s just over 1 km. (Claire Palmer photo)
PHOTOS: The highest suspension bridges in Canada just opened in B.C.

The Skybridge in Golden allows visitors to take in views standing at 130 and 80 metres

Most Read