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bc:r._c._bandaogo_2023_bcsc_2514 [2026/07/09 18:32] – created - external edit 127.0.0.1bc:r._c._bandaogo_2023_bcsc_2514 [2026/08/21 22:34] (current) – victorzhou
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   * Count 4: attempted murder of Susanne Till, contrary to s. 239(1)(b) of the //Criminal Code//   * Count 4: attempted murder of Susanne Till, contrary to s. 239(1)(b) of the //Criminal Code//
   * Count 5: attempted murder of Emma Henderson, contrary to s. 239(1)(b) of the //Criminal Code//   * Count 5: attempted murder of Emma Henderson, contrary to s. 239(1)(b) of the //Criminal Code//
-  * Count 6: aggravated assult on Mahnaz Kolahi, contrary to s. 268(2) of the //Criminal Code//+  * Count 6: aggravated assault on Mahnaz Kolahi, contrary to s. 268(2) of the //Criminal Code//
   * Count 7: attempted murder of Haya Newman, contrary to s. 239(1)(b) of the //Criminal Code//   * Count 7: attempted murder of Haya Newman, contrary to s. 239(1)(b) of the //Criminal Code//
  
 [2] Incidentally, I note that the parents of the deceased, during the course of the proceedings, asked that their child's name be anonymized. Out of respect to the victim and her family, I acceded to their request. Consequently, I will use the initials of the deceased instead of their full name in these reasons. [2] Incidentally, I note that the parents of the deceased, during the course of the proceedings, asked that their child's name be anonymized. Out of respect to the victim and her family, I acceded to their request. Consequently, I will use the initials of the deceased instead of their full name in these reasons.
  
-[3] Over three days in July, counsel for the Crown and the defense made submissions on the appropriate punishment to be imposed on Mr. Bandaogo. In support of their arguments, several pieces of evidence were admitted, including victim impact statements and psychiatric reports prepared by forensic psychiatrists.+[3] Over three days in July, counsel for the Crown and the defence made submissions on the appropriate punishment to be imposed on Mr. Bandaogo. In support of their arguments, several pieces of evidence were admitted, including victim impact statements and psychiatric reports prepared by forensic psychiatrists.
  
-[4] Having taken the time to reflect and study counsels' submissions, I must now decide whether to accept the joint sentencing recommendation of the Crown and the defense. In the case that I reject the recommendation, I must determine the appropriate punishment in the circumstances.+[4] Having taken the time to reflect and study counsels' submissions, I must now decide whether to accept the joint sentencing recommendation of the Crown and the defence. In the case that I reject the recommendation, I must determine the appropriate punishment in the circumstances.
  
 **__Background facts__** **__Background facts__**
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 **__Circumstances of the offences__** **__Circumstances of the offences__**
  
-[5] At the sentencing hearing, the prosecution and the defense jointly submitted a document into evidence entitled "Déclaration conjointe des faits" ("Joint declaration of facts"), which outline the facts which underlie Mr. Bandaogo's guilty pleas to all counts of the indictment. The following summary is based on this document.+[5] At the sentencing hearing, the prosecution and the defence jointly submitted a document into evidence entitled "Déclaration conjointe des faits" ("Joint declaration of facts"), which outline the facts which underlie Mr. Bandaogo's guilty pleas to all counts of the indictment. The following summary is based on this document.
  
-[6] In February 2021, Mr. Bandaogo came to in British Columbia. In the following months, he spent time around the library in Lynn Valley in North Vancouver.+[6] In February 2021, Mr. Bandaogo came to British Columbia. In the following months, he spent time around the library in Lynn Valley in North Vancouver.
  
 [7] On March 27, 2021, Mr. Bandaogo went to the library around 9:30 in the morning. He spent most of the morning there. There was a book sale happening in a community room next to the library. Members of the public could enter the community room through a door leading to the lobby and had to exit through another door at the rear of the room. [7] On March 27, 2021, Mr. Bandaogo went to the library around 9:30 in the morning. He spent most of the morning there. There was a book sale happening in a community room next to the library. Members of the public could enter the community room through a door leading to the lobby and had to exit through another door at the rear of the room.
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 [14] Mr. Bandaogo proceeded along Lynn Valley Road, where he found Mahnaz Kolahi outside her vehicle. Seeing people running around her, she was concerned for her spouse. She was to the side of her vehicle and her child was inside the vehicle. Mr. Bandaogo hit Ms. Kolahi in her face with the umbrella he took from Ms. Klausen, causing a right eyelid laceration, a comminuted fracture of the right orbital bone and a hand laceration. [14] Mr. Bandaogo proceeded along Lynn Valley Road, where he found Mahnaz Kolahi outside her vehicle. Seeing people running around her, she was concerned for her spouse. She was to the side of her vehicle and her child was inside the vehicle. Mr. Bandaogo hit Ms. Kolahi in her face with the umbrella he took from Ms. Klausen, causing a right eyelid laceration, a comminuted fracture of the right orbital bone and a hand laceration.
  
-[15] Mr. Bandaogo returned to the lobby entrance of the Lynn Valley Road library where he attacked Haya Newman. Mr. Bandaogo stabbed Mr. Newman on the road just outside the library. She fell to the ground where Mr. Bandaogo punched and stabbed her several times. Ms. Newman was stabbed in the right forehead, causing a comminuted depressed skull fracture, a frontal parietal hemorrhage and a subarachnoid hemorrhage. The blade of the knife remained lodged in her skull, penetrating the brain to a depth of seven millimeters. After surgery, the blade of the knife was retrieved.+[15] Mr. Bandaogo returned to the lobby entrance of the Lynn Valley Road library where he attacked Haya Newman. Mr. Bandaogo stabbed Ms. Newman on the road just outside the library. She fell to the ground where Mr. Bandaogo punched and stabbed her several times. Ms. Newman was stabbed in the right forehead, causing a comminuted depressed skull fracture, a frontal parietal hemorrhage and a subarachnoid hemorrhage. The blade of the knife remained lodged in her skull, penetrating the brain to a depth of seven millimeters. After surgery, the blade of the knife was retrieved.
  
 [16] Mr. Bandaogo then proceeded south towards 29th Street. Several witnesses followed him to ensure that he would not escape. At the intersection of 29th Street and Lynn Valley Road, Mr. Bandaogo was surrounded by the police. Moments later, he slashed his own left wrist and was then arrested by the police. [16] Mr. Bandaogo then proceeded south towards 29th Street. Several witnesses followed him to ensure that he would not escape. At the intersection of 29th Street and Lynn Valley Road, Mr. Bandaogo was surrounded by the police. Moments later, he slashed his own left wrist and was then arrested by the police.
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 [23] Mr. Bandaogo has completed Secondary IV. He started a diploma of professional studies in building design in Quebec but never completed this course of study. [23] Mr. Bandaogo has completed Secondary IV. He started a diploma of professional studies in building design in Quebec but never completed this course of study.
  
-[24] In his twenties, Mr. Bandaogo regularly consumed drugs including crystal methamphetamine, amphetamines, cocaine and ecstacy. He has also tried opiates such as smoked heroin, GHB, LSD and hallucinogenic mushrooms.+[24] In his twenties, Mr. Bandaogo regularly consumed drugs including crystal methamphetamine, amphetamines, cocaine and ecstasy. He has also tried opiates such as smoked heroin, GHB, LSD and hallucinogenic mushrooms.
  
 [25] In 2018, Mr. Bandaogo took part in two therapy programs targeting addiction at Toxi-Co-Gîtes in Quebec. The first program was a failure because he was expelled for showing aggressive behaviour and selling drugs. The second program ended in a similar way because Mr. Bandaogo had an altercation with another client. [25] In 2018, Mr. Bandaogo took part in two therapy programs targeting addiction at Toxi-Co-Gîtes in Quebec. The first program was a failure because he was expelled for showing aggressive behaviour and selling drugs. The second program ended in a similar way because Mr. Bandaogo had an altercation with another client.
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 [26] As previously stated, Mr. Bandaogo came to British Columbia in February 2021. He lived on the streets and used social services for the homeless. He spent his time taking the SkyTrain and walking along the waterfront while smoking marijuana. He did not have any friends and did not maintain contact with his family. At the beginning of March 2021, he tried to contact his father to obtain some money but did not receive any response. [26] As previously stated, Mr. Bandaogo came to British Columbia in February 2021. He lived on the streets and used social services for the homeless. He spent his time taking the SkyTrain and walking along the waterfront while smoking marijuana. He did not have any friends and did not maintain contact with his family. At the beginning of March 2021, he tried to contact his father to obtain some money but did not receive any response.
  
-[27] Two expert reports concerning Mr. Bandaogo's psychiatric state were admitted into evidence. The first, dated March 23, 2023, was prepared by Dr. Marie-Michelle Boulanger, a forensic psychiatrist. This report was prepared by request of the Crown. The second, dated May 1, 2023, was prepared by Dr. Joel Watts, a forensic psychiatrist. This report was prepared by request of the defense.+[27] Two expert reports concerning Mr. Bandaogo's psychiatric state were admitted into evidence. The first, dated March 23, 2023, was prepared by Dr. Marie-Michelle Boulanger, a forensic psychiatrist. This report was prepared by request of the Crown. The second, dated May 1, 2023, was prepared by Dr. Joel Watts, a forensic psychiatrist. This report was prepared by request of the defence.
  
-[28] The two experts agree that Mr. Bandaogo suffers from antipersonal society disorder. In particular, he shows signs of aggression, irritability, impulsiveness and a lack of consideration for the well-being of others.+[28] The two experts agree that Mr. Bandaogo suffers from antisocial personality disorder. In particular, he shows signs of aggression, irritability, impulsiveness and a lack of consideration for the well-being of others.
  
 **__Criminal history__** **__Criminal history__**
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 </blockquote> </blockquote>
  
-[31] Mr. Bandaogo has spent 159 days in custody for the counts currently before the court. The Crown and the defense agree that a credit of a day and a half per day of custody is appropriate. This amounts to 239 days or approximately eight months credit.+[31] Mr. Bandaogo has spent 159 days in custody for the counts currently before the court. The Crown and the defence agree that a credit of a day and a half per day of custody is appropriate. This amounts to 239 days or approximately eight months credit.
  
 **__Victim impact__** **__Victim impact__**
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 <blockquote> <blockquote>
-On March 27, 2021, within the span of a few minutes, Yannick Bandaogo destroyed the lives of numerous individuals. The Lynn Valley community was shakened and traumatized. The trauma reverberates to this day.+On March 27, 2021, within the span of a few minutes, Yannick Bandaogo destroyed the lives of numerous individuals. The Lynn Valley community was shaken and traumatized. The trauma reverberates to this day.
 </blockquote> </blockquote>
  
 [34] I adopt these statements. [34] I adopt these statements.
  
-[35] In my opinion, it is evident that Mr. Bandaogo's monstruous and criminal actions have had devastating consequences for the victims and their families. The victim impact statements explain how that sadness, depression, anger and psychological trauma are now a part of their daily lives.+[35] In my opinion, it is evident that Mr. Bandaogo's monstrous and criminal actions have had devastating consequences for the victims and their families. The victim impact statements explain how that sadness, depression, anger and psychological trauma are now a part of their daily lives.
  
  
 **__Positions of the Crown and the defense__** **__Positions of the Crown and the defense__**
  
-[36] The Crown and the defense have put forward a joint sentencing submission they deem appropriate for Mr. Bandaogo.+[36] The Crown and the defence have put forward a joint sentencing submission they deem appropriate for Mr. Bandaogo.
  
-[37] For the count of second-degree murder, for which I must impose a sentence of life imprisonment, the Crown and defense propose a joint sentence of fifteen year period of parole ineligibility.+[37] For the count of second-degree murder, for which I must impose a sentence of life imprisonment, the Crown and defence propose a joint sentence of fifteen year period of parole ineligibility.
  
-[38] For each count of attempted murder, the prosecution and defense propose a joint sentence of eight years' imprisonment concurrent to the life imprisonment sentence for the count of second-degree murder.+[38] For each count of attempted murder, the prosecution and defence propose a joint sentence of eight years' imprisonment concurrent to the life imprisonment sentence for the count of second-degree murder.
  
-[39] For the count of aggravated assault, the prosecution and defense propose a joint sentence of three years' imprisonment concurrent to the sentences imposed for second-degree murder and attempted murder.+[39] For the count of aggravated assault, the prosecution and defence propose a joint sentence of three years' imprisonment concurrent to the sentences imposed for second-degree murder and attempted murder.
  
-[40] Additionally, the Crown and defense agree on the following ancillary orders:+[40] Additionally, the Crown and defence agree on the following ancillary orders:
   * an order pursuant to s. 487.051 of the Criminal Code that Mr. Bandaogo provide a sample of his DNA; and   * an order pursuant to s. 487.051 of the Criminal Code that Mr. Bandaogo provide a sample of his DNA; and
   * an order pursuant to s. 109 of the Criminal Code forbidding Mr. Bandaogo from possessing firearms for life.   * an order pursuant to s. 109 of the Criminal Code forbidding Mr. Bandaogo from possessing firearms for life.
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 </blockquote> </blockquote>
  
-[43] S. 718.1 of the //Criminal Code// provides the fundamental principle of sentencing which the court must consider when determining a punishment. It stipulates that the sentence must be proportionate to the gravity of the offense and the degree of responsibility of the offender.+[43] S. 718.1 of the //Criminal Code// provides the fundamental principle of sentencing which the court must consider when determining a punishment. It stipulates that the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
  
 [44] S. 718.2 of the //Criminal Code// provides a non-exhaustive list of other principles which the court must consider when determining a punishment, including aggravating and mitigating circumstances pertinent to the perpetration of the crime and the circumstances of the accused. [44] S. 718.2 of the //Criminal Code// provides a non-exhaustive list of other principles which the court must consider when determining a punishment, including aggravating and mitigating circumstances pertinent to the perpetration of the crime and the circumstances of the accused.
  
-[45] I repeat that the Crown and the defense have presented a joint sentencing recommendation for Mr. Bandaogo. The Supreme Court of Canada has provided useful and effective guidance for sentencing when there exists a joint sentencing recommendation. In //R. v. Anthony-Cook//, 2016 SCC 43, Justice Moldaver explained:+[45] I repeat that the Crown and the defence have presented a joint sentencing recommendation for Mr. Bandaogo. The Supreme Court of Canada has provided useful and effective guidance for sentencing when there exists a joint sentencing recommendation. In //R. v. Anthony-Cook//, 2016 SCC 43, Justice Moldaver explained:
 <blockquote> <blockquote>
 [25] It is an accepted and entirely desirable practice for Crown and defence counsel to agree to a joint submission on sentence in exchange for a plea of guilty. Agreements of this nature are commonplace and vitally important to the well-being of our criminal justice system, as well as our justice system at large. Generally, such agreements are unexceptional and they are readily approved by trial judges without any difficulty. Occasionally, however, a joint submission may appear to be unduly lenient, or perhaps unduly harsh, and trial judges are not obliged to go along with them ... In such cases, trial judges need a test against which to measure the acceptability of the joint submission. The question is: What test? [25] It is an accepted and entirely desirable practice for Crown and defence counsel to agree to a joint submission on sentence in exchange for a plea of guilty. Agreements of this nature are commonplace and vitally important to the well-being of our criminal justice system, as well as our justice system at large. Generally, such agreements are unexceptional and they are readily approved by trial judges without any difficulty. Occasionally, however, a joint submission may appear to be unduly lenient, or perhaps unduly harsh, and trial judges are not obliged to go along with them ... In such cases, trial judges need a test against which to measure the acceptability of the joint submission. The question is: What test?
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 **__Second-degree murder__** **__Second-degree murder__**
  
-[49] In their submissions, the Crown and the defense referred me to several decisions where the parole ineligibility period was set between fourteen and eighteen years.+[49] In their submissions, the Crown and the defence referred me to several decisions where the parole ineligibility period was set between fourteen and eighteen years.
  
 [50] In //R. v. Miel//, 2017 BCSC 1446, the accused was found guilty of second-degree murder in a jury trial. The offender attacked the victim with a hatchet, striking him fifty times. The attack was excessive and brutal. The offender was young and had limited criminal history. The court concluded that the offender's schizophrenia made her dangerous and justified a parole ineligibility period of fourteen years. [50] In //R. v. Miel//, 2017 BCSC 1446, the accused was found guilty of second-degree murder in a jury trial. The offender attacked the victim with a hatchet, striking him fifty times. The attack was excessive and brutal. The offender was young and had limited criminal history. The court concluded that the offender's schizophrenia made her dangerous and justified a parole ineligibility period of fourteen years.
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 **__Aggravating factors__** **__Aggravating factors__**
  
-[58] The Crown and the defense agreed on the following aggravating factors:+[58] The Crown and the defence agreed on the following aggravating factors:
   * Mr. Bandaogo has a criminal history that includes several convictions for crimes of violence;   * Mr. Bandaogo has a criminal history that includes several convictions for crimes of violence;
   * Mr. Bandaogo was subject to two probation orders when he committed the crimes in this case;   * Mr. Bandaogo was subject to two probation orders when he committed the crimes in this case;
   * Mr. Bandaogo used a hunting knife in the commission of these crimes and possessing such a knife was a violation of his probation orders;   * Mr. Bandaogo used a hunting knife in the commission of these crimes and possessing such a knife was a violation of his probation orders;
   * Mr. Bandaogo attacked three people in a peaceful and crowded community centre and four others who were just outside;   * Mr. Bandaogo attacked three people in a peaceful and crowded community centre and four others who were just outside;
-the impact on the victims and the Lynn Valley community continue to this day.+  * The impact on the victims and the Lynn Valley community continues to this day.
  
 **__Mitigating factors__** **__Mitigating factors__**
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 **__Decision__** **__Decision__**
  
-[63] I am of the view that the primary sentencing factors I must consider in the case at bar are the denunciation of unlawful conduct and specific and general deterrence of Mr. Bandaogo's monstruous actions. These principles necessitate Mr. Bandaogo's separation from society for the protection of the public.+[63] I am of the view that the primary sentencing factors I must consider in the case at bar are the denunciation of unlawful conduct and specific and general deterrence of Mr. Bandaogo's monstrous actions. These principles necessitate Mr. Bandaogo's separation from society for the protection of the public.
  
-[64] Even though Mr. Bandaogo is not able to explain the reasons for his violent and monstruous attacks on strangers in North Vancouver, by pleading guilty, he has taken responsibility for his crimes and has accepted the serious repurcussions associated with them.+[64] Even though Mr. Bandaogo is not able to explain the reasons for his violent and monstruous attacks on strangers in North Vancouver, by pleading guilty, he has taken responsibility for his crimes and has accepted the serious repercussions associated with them.
  
-[65] In my view, the degree of moral responsibility of Mr. Bandaogo is elevated. I accept the Crown's position that the degree of danger that Mr. Bandaogo represents is an important consideration. Taking the principles of sentencing into account and after thorough consideration, I accept the joint sentencing recommendation of the Crown and the defense.+[65] In my view, the degree of moral responsibility of Mr. Bandaogo is elevated. I accept the Crown's position that the degree of danger that Mr. Bandaogo represents is an important consideration. Taking the principles of sentencing into account and after thorough consideration, I accept the joint sentencing recommendation of the Crown and the defence.
  
 [66] To use the words of Justice Moldaver in //Anthony-Cook//, I conclude that the joint sentencing proposal is just and appropriate and would not bring the administration of justice into disrepute. In my humble opinion, it is manifestly in the public interest to adopt the joint sentencing recommendation. [66] To use the words of Justice Moldaver in //Anthony-Cook//, I conclude that the joint sentencing proposal is just and appropriate and would not bring the administration of justice into disrepute. In my humble opinion, it is manifestly in the public interest to adopt the joint sentencing recommendation.
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 **__Ancillary orders__** **__Ancillary orders__**
  
-[74] The defense does not oppose the ancillary orders as set out by the Crown. In the circumstances, the ancillary orders appear to be appropriate. Consequently, I order that: +[74] The defence does not oppose the ancillary orders as set out by the Crown. In the circumstances, the ancillary orders appear to be appropriate. Consequently, I order that: 
-  * pursuant to s. 109 of the //Criminal Code//, Mr. Bandaogo is prohibited from posessing firearms and ammunition for life; and +  * pursuant to s. 109 of the //Criminal Code//, Mr. Bandaogo is prohibited from possessing firearms and ammunition for life; and 
-pursuant to s. 487.051 of the //Criminal Code//, I authorize the taking of bodily substances for the purposes of forensic DNA analysis.+  * pursuant to s. 487.051 of the //Criminal Code//, I authorize the taking of bodily substances for the purposes of forensic DNA analysis.
  
 [75] Mr. Loucks, Mr. Deschamps, is there anything else? [75] Mr. Loucks, Mr. Deschamps, is there anything else?
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 [82] MR. RIVARD: No. [82] MR. RIVARD: No.
  
-[83] THE COURT: Very well, that will bring an end to this tragic and horrific affair. I thank the Crown counsel, Mr. Loucks, Mr. Deschamps, and defense counsel, Mr. Rivard and Mr. Garih, for your efforts in this matter. You have done very well.+[83] THE COURT: Very well, that will bring an end to this tragic and horrific affair. I thank the Crown counsel, Mr. Loucks, Mr. Deschamps, and defence counsel, Mr. Rivard and Mr. Garih, for your efforts in this matter. You have done very well.
  
 [84] We are adjourned. [84] We are adjourned.
  
 "The Honourable G.R.J. GAUL J." "The Honourable G.R.J. GAUL J."
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