R. v. Field

R. v. Field

Where a sentencing court omitted to impose a mandatory ancillary order under s.109 Criminal Code due to oversight, the omission is a slip/administrative error that falls within recognised exceptions to functus officio; the sentencing judge retains jurisdiction to correct the oversight and impose the mandatory weapons prohibition (ten years) without requiring the Crown to appeal, provided there is no prejudice to the accused or injustice.

Citation
2013 NSPC 92
Parties
Crown: Her Majesty the Queen; Accused: William Edward Field
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 November 2013
Procedural Posture
Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing; Post Sentencing Crown Application to Impose Omitted Mandatory Weapons Prohibition Under S.109 Criminal Code
Outcome
Application granted; sentencing judge authorized to impose the omitted mandatory s.109 weapons prohibition.
Legal Topics
Controlled Drugs and Substances Act Trafficking, Section 109 Criminal Code Weapons Prohibition, Functus Officio, Correction of Clerical/slip Errors
Source Language
English
Criminal Law Procedure Sentencing Controlled Drugs and Substances Act Trafficking Section 109 Criminal Code Weapons Prohibition Functus Officio Correction of Clerical/slip Errors

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Parties

Her Majesty the Queen

Crown

William Edward Field

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing; Post Sentencing Crown Application to Impose Omitted Mandatory Weapons Prohibition Under S.109 Criminal Code

Legal Issues

  1. 1 Whether the sentencing judge retains jurisdiction to impose a mandatory ancillary weapons prohibition under s.109 Criminal Code after sentencing (functus officio issue)
  2. 2 Whether the omission of a mandatory order at sentencing is a clerical/slip error that the trial judge can correct without an appeal
  3. 3 Whether the Crown must appeal to obtain a mandatory ancillary order omitted at sentencing

Ratio Decidendi

Where a sentencing court omitted to impose a mandatory ancillary order under s.109 Criminal Code due to oversight, the omission is a slip/administrative error that falls within recognised exceptions to functus officio; the sentencing judge retains jurisdiction to correct the oversight and impose the mandatory weapons prohibition (ten years) without requiring the Crown to appeal, provided there is no prejudice to the accused or injustice.

Court Disposition

Application granted; sentencing judge authorized to impose the omitted mandatory s.109 weapons prohibition.

Orders

  • Section 109 Criminal Code weapons prohibition order signed and imposed for a ten year period as requested by the Crown