R. v. Smith

R. v. Smith

The attempted robbery was a lower-end offence with mitigating Gladue factors, acknowledged criminal record and breach of probation notwithstanding; given agreed enhanced remand credit (eight months remand credited as one year) and the offender's rehabilitative potential, the proportionate sentence is time served (one day nominal custody recorded), two years probation, a ten-year firearms prohibition and a DNA order, with concurrent one day for other counts and specified probation conditions.

Citation
2014 NSPC 86
Parties
Crown/prosecution: The Queen; Accused/offender: Dana Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 September 2014
Procedural Posture
Criminal / Sentencing Decision
Outcome
Convicted and sentenced to one day in custody (time served), two years probation, a ten year firearms prohibition and a DNA order
Legal Topics
Attempted Robbery, Robbery, Gladue Factors, Remand Credit, Conditional Sentence Ineligibility, Probation, Firearms Prohibition, DNA Order
Source Language
English
Criminal Law Sentencing Aboriginal Law Attempted Robbery Robbery Gladue Factors Remand Credit Conditional Sentence Ineligibility +3 more

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Parties

The Queen

Crown/prosecution

Dana Smith

Accused/offender

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 What sentence is fit for attempted robbery given facts and Gladue factors
  2. 2 Effect and application of s.718.2(e) (Gladue) in sentencing
  3. 3 Appropriate remand credit

Ratio Decidendi

The attempted robbery was a lower-end offence with mitigating Gladue factors, acknowledged criminal record and breach of probation notwithstanding; given agreed enhanced remand credit (eight months remand credited as one year) and the offender's rehabilitative potential, the proportionate sentence is time served (one day nominal custody recorded), two years probation, a ten-year firearms prohibition and a DNA order, with concurrent one day for other counts and specified probation conditions.

Court Disposition

Convicted and sentenced to one day in custody (time served), two years probation, a ten year firearms prohibition and a DNA order

Orders

  • Mandatory firearms prohibition for ten years under s.109 (application for exemption permitted if interference with aboriginal/treaty right)
  • Mandatory DNA order