R. v. Shephard

R. v. Shephard

The court accepted the joint recommendation as a fit sentence reflecting s.718 objectives and the particular aggravating nature of an unprovoked firearm attack; imposed 19 years for attempted murder, a concurrent 6-year sentence for possession of a restricted/prohibited firearm, a consecutive 9-month sentence for possession while prohibited, granted 1.5:1 remand credit equal to approximately 3.75 years reducing the effective remaining custody to 16 years, and ordered a lifetime s.109 firearms prohibition and a DNA order.

Citation
2014 NSSC 254
Parties
Crown: Her Majesty the Queen; Accused: Jerrell Ervin Shephard
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 June 2014
Procedural Posture
Criminal Attempted Murder and Firearms Offences / Sentencing Decision (post Trial)
Outcome
Sentence imposed following joint recommendation and abandonment of dangerous offender application
Legal Topics
Attempted Murder, Possession of Firearm, Firearms Prohibition, Remand Credit, DNA Order, Dangerous Offender Application, Kienapple Principle
Source Language
English
Criminal Law Sentencing Firearms Law Forensic Psychiatry Attempted Murder Possession of Firearm Firearms Prohibition Remand Credit +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Jerrell Ervin Shephard

Accused

Procedural Posture

Criminal Attempted Murder and Firearms Offences / Sentencing Decision (post Trial)

Legal Issues

  1. 1 What is a fit sentence for attempted murder committed with a firearm?
  2. 2 How to apply denunciation and deterrence in firearm cases
  3. 3 Application of remand credit for pre-trial custody

Ratio Decidendi

The court accepted the joint recommendation as a fit sentence reflecting s.718 objectives and the particular aggravating nature of an unprovoked firearm attack; imposed 19 years for attempted murder, a concurrent 6-year sentence for possession of a restricted/prohibited firearm, a consecutive 9-month sentence for possession while prohibited, granted 1.5:1 remand credit equal to approximately 3.75 years reducing the effective remaining custody to 16 years, and ordered a lifetime s.109 firearms prohibition and a DNA order.

Court Disposition

Sentence imposed following joint recommendation and abandonment of dangerous offender application

Orders

  • Count 1 (attempted murder, s.239(1)(a)): 19 years custody
  • Count 6 (possession of prohibited/restricted firearm, s.95): 6 years custody, concurrent to Count 1