R. v. Murphy

R. v. Murphy

The accused was convicted as a member of the conspiracy and as a party to the attempted murder based on intercepted communications and attendance at the scene; although his involvement was brief and less culpable than co-accused, the mandatory minimum for firearm-involved attempted murder was honoured and a custodial sentence aimed at balancing denunciation, deterrence and rehabilitation was required, resulting in concurrent five-year terms for a total of five years custody.

Citation
2011 NSSC 410
Parties
Crown: Her Majesty the Queen; Accused: Matthew Murphy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 October 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to five years custody (concurrent sentences resulting in a total of five years).
Legal Topics
Conspiracy to Commit Murder, Attempted Murder, Sentencing Principles, Mandatory Minimum Sentence, Aggravating and Mitigating Factors, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Sentencing Conspiracy to Commit Murder Attempted Murder Sentencing Principles Mandatory Minimum Sentence Aggravating and Mitigating Factors DNA Order +1 more

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Parties

Her Majesty the Queen

Crown

Matthew Murphy

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused was a member of the conspiracy to kill Jason Hallett
  2. 2 Whether the accused was a party to the attempted murder
  3. 3 Appropriate sentence given the accused's moral blameworthiness relative to co-accused

Ratio Decidendi

The accused was convicted as a member of the conspiracy and as a party to the attempted murder based on intercepted communications and attendance at the scene; although his involvement was brief and less culpable than co-accused, the mandatory minimum for firearm-involved attempted murder was honoured and a custodial sentence aimed at balancing denunciation, deterrence and rehabilitation was required, resulting in concurrent five-year terms for a total of five years custody.

Court Disposition

Accused sentenced to five years custody (concurrent sentences resulting in a total of five years).

Orders

  • Five years custody on conspiracy to commit murder (concurrent)
  • Five years custody on attempted murder (concurrent)