R. v. Cole

R. v. Cole

Convictions that share the same essential elements arising from the same factual situation were stayed (Cole: s.88(1) stayed as duplicative of assault with a weapon; breaches of undertaking and probation stayed where duplicative); on sentencing the court applied denunciation, general and specific deterrence and separation given use and discharge of firearms in an occupied residence and substantial records, and imposed global custodial terms of 11.5 years for Cole and 8.5 years for Murphy with statutory ancillary orders; enhanced pretrial credit was denied.

Citation
2014 NSSC 140
Parties
Crown: Her Majesty the Queen; Accused: Justin Joseph Charles Cole; Accused: Jonathan David James Murphy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 April 2014
Procedural Posture
Criminal / Sentencing Decision Following Conviction
Outcome
Both accused convicted on multiple firearm and related offences, acquitted on attempted murder and certain firearm discharge counts; several convictions stayed for duplicative offences; Cole sentenced to 11.5 years custody, Murphy sentenced to 8.5 years custody.
Legal Topics
Break and Enter, Possession and Use of Firearm, Multiple Convictions (res Judicata), Breach of Undertaking and Probation, DNA Order, Forfeiture, Mandatory Minimum Sentences
Source Language
English
Criminal Law Sentencing Firearms Offences Break and Enter Possession and Use of Firearm Multiple Convictions (res Judicata) Breach of Undertaking and Probation DNA Order +2 more

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Parties

Her Majesty the Queen

Crown

Justin Joseph Charles Cole

Accused

Jonathan David James Murphy

Accused

Procedural Posture

Criminal / Sentencing Decision Following Conviction

Legal Issues

  1. 1 Whether multiple convictions should be stayed under the rule against multiple convictions/res judicata
  2. 2 Appropriate global sentences and application of denunciation, deterrence and totality principles
  3. 3 Whether enhanced credit for pretrial custody is warranted

Ratio Decidendi

Convictions that share the same essential elements arising from the same factual situation were stayed (Cole: s.88(1) stayed as duplicative of assault with a weapon; breaches of undertaking and probation stayed where duplicative); on sentencing the court applied denunciation, general and specific deterrence and separation given use and discharge of firearms in an occupied residence and substantial records, and imposed global custodial terms of 11.5 years for Cole and 8.5 years for Murphy with statutory ancillary orders; enhanced pretrial credit was denied.

Court Disposition

Both accused convicted on multiple firearm and related offences, acquitted on attempted murder and certain firearm discharge counts; several convictions stayed for duplicative offences; Cole sentenced to 11.5 years custody, Murphy sentenced to 8.5 years custody.

Orders

  • Convictions: Cole convicted of various counts including s.267(a), s.348(1)(a), s.85(1)(a), s.90(2)(a), s.92(1), s.95(2)(a), s.117.01(1), breaches of undertaking and probation (some breaches stayed); Murphy convicted of break and enter s.348(1)(a), s.88(1), s.90(2)(a), s.92(1), s.95(2)(a), s.117.01(1), possession of...
  • Sentence for Justin Cole: total 11.5 years in a federal institution (breakdown by counts as stated in reasons)