R. v. Nantais

R. v. Nantais

Given the prior vicious attempted murder, extensive history of violent offences and lack of progress in addressing propensity for violence, the appropriate sentence is 15 years; credit of 30 months was allowed for time served and the balance of 12.5 years was imposed, together with a lifetime weapons ban under s.109...

Source-derived case information.

Citation
2007 BCSC 647
Parties
Crown: Regina; Accused: Earl Bernard Nantais
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 March 2007
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea to attempted murder; sentenced to a total of 15 years with credit for time served resulting in 12.5 years further incarceration; lifetime weapons prohibition under s.109 imposed; DNA sample required.
Legal Topics
Attempted Murder, Aggravating Factors, Pre Sentence Custody Credit, Weapons Prohibition, DNA Order, Victim Impact
Source Language
english
Criminal Law Sentencing Attempted Murder Aggravating Factors Pre Sentence Custody Credit Weapons Prohibition DNA Order Victim Impact

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Earl Bernard Nantais

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for attempted murder given prior violent convictions and lack of rehabilitation
  2. 2 Whether enhanced sentence is warranted because the offence occurred during a family visit with children present
  3. 3 Appropriate credit for time served and whether two-for-one credit applies given doubtful parole/remission prospects

Ratio Decidendi

Given the prior vicious attempted murder, extensive history of violent offences and lack of progress in addressing propensity for violence, the appropriate sentence is 15 years; credit of 30 months was allowed for time served and the balance of 12.5 years was imposed, together with a lifetime weapons ban under s.109 and a DNA order.

Court Disposition

Guilty plea to attempted murder; sentenced to a total of 15 years with credit for time served resulting in 12.5 years further incarceration; lifetime weapons prohibition under s.109 imposed; DNA sample required.

Orders

  • Sentence of 15 years imprisonment imposed
  • Credit for time served equivalent to 30 months granted