R. v. Bowers

R. v. Bowers

The court accepted the joint recommendation and sentenced the accused to eight years federal imprisonment for aggravated assault, ordered concurrent sentences on the remaining counts (three months concurrent for misleading police, three months concurrent for breach of undertaking, three years concurrent for possession for the purposes of trafficking ecstasy, three years concurrent for possession for the purposes of trafficking cocaine), applied a remand credit of three years (two-for-one credit for 18 months remand), and granted a lifetime firearms/ammunition/explosives prohibition under s.109/114 and a DNA order; remaining counts withdrawn.

Citation
2010 NSSC 184
Parties
Crown: Her Majesty the Queen; Accused: Sergio Davison Bowers
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 April 2010
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentence imposed pursuant to joint recommendation
Legal Topics
Aggravated Assault, Misleading Police, Breach of Undertaking, Possession for the Purpose of Trafficking, Remand Credit, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Drug Offences Firearms Regulation Aggravated Assault Misleading Police Breach of Undertaking Possession for the Purpose of Trafficking +3 more

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Parties

Her Majesty the Queen

Crown

Sergio Davison Bowers

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Accused's culpability for arranging a shooting when another committed the shooting
  2. 2 Appropriate sentence and principles of denunciation and deterrence for serious injury
  3. 3 Credit for pre-trial custody (remand) and application of two-for-one credit

Ratio Decidendi

The court accepted the joint recommendation and sentenced the accused to eight years federal imprisonment for aggravated assault, ordered concurrent sentences on the remaining counts (three months concurrent for misleading police, three months concurrent for breach of undertaking, three years concurrent for possession for the purposes of trafficking ecstasy, three years concurrent for possession for the purposes of trafficking cocaine), applied a remand credit of three years (two-for-one credit for 18 months remand), and granted a lifetime firearms/ammunition/explosives prohibition under s.109/114 and a DNA order; remaining counts withdrawn.

Court Disposition

Guilty plea accepted; sentence imposed pursuant to joint recommendation

Orders

  • Eight years federal imprisonment on aggravated assault (base sentence)
  • Three months consecutive counts run concurrent to the aggravated assault for misleading police (concurrent)