R. v. Anderson

R. v. Anderson

A conditional sentence of two years less a day followed by two years probation is imposed because the offence falls within an established range (two years less a day to three years), the judge was satisfied under s.742.1 that serving the sentence in the community would not endanger community safety considering offender-specific risk and gravity of potential re-offence, and the IRCA and available Afrocentric community supports justified a supervised community custodial sentence to better achieve rehabilitative and restorative objectives while maintaining denunciation and deterrence via stringent conditions.

Citation
2020 NSPC 10
Parties
Prosecutor: Her Majesty the Queen; Accused: Rakeem Anderson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 February 2020
Procedural Posture
Criminal Possession of a Loaded Restricted Firearm and Related Offences / Sentencing Decision (post Trial)
Outcome
Conditional sentence of 2 years less a day to be served in the community, followed by two years probation.
Legal Topics
Conditional Sentence, Section 95 Criminal Code (possession of a Loaded Restricted Weapon), Impact of Race and Culture Assessment (irca), Denunciation and Deterrence, Rehabilitation, Ancillary Orders (firearms Prohibition, Forfeiture, Dna)
Source Language
English
Criminal Law Sentencing Firearms Law Restorative Justice Racial Impact Assessments Conditional Sentence Section 95 Criminal Code (possession of a Loaded Restricted Weapon) Impact of Race and Culture Assessment (irca) +3 more

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Parties

Her Majesty the Queen

Prosecutor

Rakeem Anderson

Accused

Procedural Posture

Criminal Possession of a Loaded Restricted Firearm and Related Offences / Sentencing Decision (post Trial)

Legal Issues

  1. 1 Whether a conditional sentence (community custody) is available and appropriate
  2. 2 Appropriate length of sentence within established range for s.95 offences
  3. 3 Role and weight of an Impact of Race and Culture Assessment (IRCA) in individual sentencing

Ratio Decidendi

A conditional sentence of two years less a day followed by two years probation is imposed because the offence falls within an established range (two years less a day to three years), the judge was satisfied under s.742.1 that serving the sentence in the community would not endanger community safety considering offender-specific risk and gravity of potential re-offence, and the IRCA and available Afrocentric community supports justified a supervised community custodial sentence to better achieve rehabilitative and restorative objectives while maintaining denunciation and deterrence via stringent conditions.

Court Disposition

Conditional sentence of 2 years less a day to be served in the community, followed by two years probation.

Orders

  • Conditional sentence (2 years less a day) to be served in the community under statutory and specific conditions
  • Statutory conditions: keep the peace and be of good behaviour; appear when required; report to a supervisor within two working days and as required; remain within Nova Scotia unless written permission given; notify of any change of name, address or employment