The B.C. Court of Appeal has tossed out a bid for a shorter sentence by a man who abducted a three-year-old boy from his bedroom in September, 2011.
A lower court judge determined Randall Hopley was a long-term offender and handed down a six-year-sentence after 26 months were deducted for time served awaiting trial. His lawyer appealed, claiming the judge should have given Hopley a day and a half for every day he was behind bars before trial instead of one day because the man was segregated.
But the high court refused to take the extra 13 months off Hopley’s sentence, ruling a longer prison term was focused on public protection and the belief that Hopley would complete a sex-offender program.
The panel of three judges ruled that sentencing in this situation takes more than an approach to arithmetic, especially in dealing with a high-risk offender.
Kienan Hebert was returned physically unharmed to his home in Sparwood after four days and Hopley later pleaded guilty to child abduction, two counts of break and enter and possession of stolen property.