R v Tucker, 2019 BCSC 961

Trial and sentencing on charges of assaulting police dog, Uno, as well as drug offences.

Background: Tucker has a long issue of substance abuse issues, and a lengthy criminal past.

Facts: Constable deployed the police dog, Uno, to assist in the arrest of Tucker. Uno had bitten Tucker and held him down to the ground. Tucker began repeatedly striking Uno in the face. After Uno was repeatedly struck by Tucker, Uno was more sleepy and less energetic the following day. Uno was also not eating normally.

Analysis: Judge referred to R v Smith 2017 BCCA 112 at para 45 for sentencing. The difference between this present case and Smith, was that Smith has no prior criminal past. Judge made note that Tucker’s acts were related to making profit to fuel his drug habit. Judge stated that he agreed with the Crown, and that sentencing needed to send a strong message to Tucker and similar offenders.

Conviction & Sentencing: Jury convicted on eight counts. Five counts related to drug possession for the purpose to trafficking, one count for injuring a peace officer, one count reckless driving that was dangerous to the public, and one count related to abusing a police dog while on duty. Judge sentenced Tucker two years’ imprisonment; three years’ probation; DNA order; lifetime firearms prohibition; three-year driving prohibition. One month of the total sentence was for the animal charge.