Nanaimo Crown counsel appeals sentence in shooting trial

NANAIMO – Crown counsel will appeal a B.C. Supreme Court judge's ruling for a man found guilty in a July 2012 shooting.

Crown counsel will appeal a B.C. Supreme Court judge’s ruling for a man found guilty in a July 2012 shooting.

In the judgment handed down in June, Jeffrey Ryan Oud, 38, was found guilty of mischief to property causing actual danger to life and intentionally discharging a firearm at a downtown Nanaimo house.

Legal arguments about the constitutionality of the mandatory minimum sentence delayed sentencing, but in September, Judge Robin Baird ruled that Oud be incarcerated for four years, minus 153 days credit for time served. Crown had been seeking five to seven years.

Neil MacKenzie, Crown counsel spokesman, said the Criminal Justice Branch couldn’t comment as the case was before the Court of Appeal, but a press release said there were errors in the judgment and a reasonable argument could be made that the ruling wouldn’t necessarily be the same if the errors weren’t made.

It also said the public interest requires an appeal.

“The Crown has advanced, as additional grounds of appeal, that the sentencing judge failed to give sufficient consideration to the principles of denunciation and deterrence when imposing sentence; and failed to impose a total sentence which was proportionate to the gravity of the offence and the degree of responsibility of the offender,” said the statement.

Crown is also seeking an increase in sentence length, but MacKenzie said how long would be the subject of submissions during the appeal.

In his ruling, Baird said Oud was looking to buy crack cocaine in the Nicol Street area. He approached a woman and gave her money. She entered a basement suite and didn’t return. When Oud knocked at the door, he was met by a male who threatened him and slammed the door in his face.

Oud became angered and agitated. He took a .22-calibre rifle and fired seven shots at the residence. No one was killed or seriously injured in the incident.

A date has not been set for the hearing.