R. v. Prosper

R. v. Prosper

The court accepted the joint submission because it was reasonable and did not bring the administration of justice into disrepute, applied Gladue and Ipeelee principles to mitigate sentence for the Indigenous, youthful offender, treated the attempted robbery as a primary designated offence for DNA collection, and imposed the agreed sentence of two years plus a day (federal) concurrent with 30 days for the YCJA breach along with attendant firearm prohibitions, DNA order, victim surcharges and a non-communication order.

Citation
2014 NSPC 103
Parties
Prosecution: Her Majesty the Queen; Accused: Gordon Michael Prosper
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 December 2014
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas entered; sentence imposed pursuant to joint submission.
Legal Topics
Attempted Robbery, Breach of YCJA Probation Order, Gladue Principles, Joint Sentencing Submission, Firearms Prohibition, DNA Collection Order, Victim Surcharge, Non Communication Order
Source Language
English
Criminal Law Sentencing Youth Criminal Justice Attempted Robbery Breach of YCJA Probation Order Gladue Principles Joint Sentencing Submission Firearms Prohibition +3 more

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Parties

Her Majesty the Queen

Prosecution

Gordon Michael Prosper

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for attempted robbery involving a pharmacy
  2. 2 Application of Gladue/Ipeelee principles for an Indigenous offender
  3. 3 Whether to accept a joint submission and when it would bring the administration of justice into disrepute

Ratio Decidendi

The court accepted the joint submission because it was reasonable and did not bring the administration of justice into disrepute, applied Gladue and Ipeelee principles to mitigate sentence for the Indigenous, youthful offender, treated the attempted robbery as a primary designated offence for DNA collection, and imposed the agreed sentence of two years plus a day (federal) concurrent with 30 days for the YCJA breach along with attendant firearm prohibitions, DNA order, victim surcharges and a non-communication order.

Court Disposition

Guilty pleas entered; sentence imposed pursuant to joint submission.

Orders

  • Sentence for attempted robbery: two years plus one day to be served in a federal institution.
  • Sentence for s.137 YCJA breach: 30 days, to be served concurrently with attempted robbery sentence.