R. v. Smith

R. v. Smith

The joint recommendation for a three-year federal sentence was accepted because it fell within the acceptable range and was warranted by the admitted facts; concurrent six-month sentences were imposed on the ancillary offences; DNA sampling, a lifetime s.109 weapons prohibition, a custodial no-contact order and a $200 victim surcharge were ordered; no remand credit was given.

Citation
2017 NSSC 122
Parties
Crown: Her Majesty the Queen; Accused: Tyrico Thomas Smith
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentence imposed.
Legal Topics
Aggravated Assault, Probation Breach, Recognizance Breach, Joint Submission on Sentence, DNA Sampling Order, Firearm Prohibition, No Contact Order, Victim Surcharge
Source Language
English
Criminal Law Sentencing Corrections Evidence Aggravated Assault Probation Breach Recognizance Breach Joint Submission on Sentence +4 more

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Parties

Her Majesty the Queen

Crown

Tyrico Thomas Smith

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept a joint recommendation on sentence
  2. 2 Appropriate sentence for aggravated assault in a correctional facility
  3. 3 Application of aggravating and mitigating factors

Ratio Decidendi

The joint recommendation for a three-year federal sentence was accepted because it fell within the acceptable range and was warranted by the admitted facts; concurrent six-month sentences were imposed on the ancillary offences; DNA sampling, a lifetime s.109 weapons prohibition, a custodial no-contact order and a $200 victim surcharge were ordered; no remand credit was given.

Court Disposition

Guilty plea accepted; sentence imposed.

Orders

  • Three years incarceration in a federal institution for aggravated assault (s.268(1) Criminal Code).
  • Six months incarceration for failure to comply with recognizance (s.145(3) Criminal Code), concurrent to the three-year sentence.