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

Editorial: Be a fan of our unofficial civic sport, bathtubbing

Nanaimo’ Bathtub Weekend starts today, July 20, and culminates with the great race Sunday, July 22

Accident in Nanaimo after artillery gun rolls down hill and damages taxi

Accident happened in Comox Road and Terminal Avenue area Saturday afternoon

Lantzville politicians deny claims made against them in lawsuit

Civil lawsuit involves an accounting business sold by Colin and Denise Haime

Lantzville teen breaks BC Summer Games race walking record

Zone 6 athlete Olivia Lundman crossed finish line with ease, to loud cheers in Cowichan

Closing arguments complete in trial of Nanaimo man representing self in fatal crash case

Judge expected to render decision Monday, July 23 at B.C. Supreme Court in Nanaimo

All-Indigenous teams break new ground, making BC Games history

This is the first time there have been dedicated Indigenous teams at the BC Summer Games

Beefs & Bouquets, July 19

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail bulletinboard@nanaimobulletin.com

Sr. A Timbermen can clinch a berth in WLA playoffs

A Burnaby loss tonight or a Nanaimo win on Sunday would put the T-men in the post-season

Final arguments made at tent city hearing, court won’t rule immediately

Lawyer says City of Nanaimo is concerned occupants would consume hand sanitizer

Recovery high schools could help teens before addiction takes hold: B.C. parents

Schools could provide mental health supports and let parents discuss their children’s drug use openly

Haida Gwaii village faces housing crisis, targets short-term rentals

Housing is tight and the village is pretty close to zero vacancy

Evacuation numbers remain at nearly 1,000 as B.C. wildfires rage on

200 firefighters and 18 helicopters were working to increase the containment of the fires

B.C. VIEWS: Unions regain control of public construction

B.C.’s 40-year battle swings back to international big labour

Brush fire breaks out west of Port Alberni

Fire forces partial closure of Highway 4 heading to Ucluelet and Tofino

Most Read