R. v. Stevens

R. v. Stevens

The court found the joint recommendation was within the acceptable range of sentences for the offences, having regard to the seriousness of shooting multiple rounds causing significant injury and the offender's mitigation, and imposed the agreed global sentence (six years concurrent on s.244 counts less 30 months remand credit leaving 42 months to serve) together with concurrent 12 months (s.94(1)), 1 month (s.733.1(1)(a)), DNA order and s.109(2) weapons prohibition.

Citation
2010 NSSC 133
Parties
Crown: Her Majesty the Queen; Accused: Keith Gordon Stevens
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 April 2010
Procedural Posture
Criminal / Sentencing
Outcome
Joint recommendation accepted and sentence imposed as agreed; remaining charges stayed/dismissed; victim surcharge waived.
Legal Topics
Discharging Firearm With Intent, Unauthorized Possession of Firearm in a Motor Vehicle, Breach of Probation, Plea Bargain and Joint Recommendation, Minimum Mandatory Sentence, Pre Sentence Report and Rehabilitation
Source Language
English
Criminal Law Sentencing Firearms Offences Probation Breach Discharging Firearm With Intent Unauthorized Possession of Firearm in a Motor Vehicle Breach of Probation Plea Bargain and Joint Recommendation +2 more

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Parties

Her Majesty the Queen

Crown

Keith Gordon Stevens

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the joint recommendation is within the acceptable range of sentences and should be accepted
  2. 2 Appropriate sentence for s.244(1) offences given aggravating factors and minimum sentence under s.244(2)
  3. 3 Proper credit for time served on remand and concurrent sentencing for related offences

Ratio Decidendi

The court found the joint recommendation was within the acceptable range of sentences for the offences, having regard to the seriousness of shooting multiple rounds causing significant injury and the offender's mitigation, and imposed the agreed global sentence (six years concurrent on s.244 counts less 30 months remand credit leaving 42 months to serve) together with concurrent 12 months (s.94(1)), 1 month (s.733.1(1)(a)), DNA order and s.109(2) weapons prohibition.

Court Disposition

Joint recommendation accepted and sentence imposed as agreed; remaining charges stayed/dismissed; victim surcharge waived.

Orders

  • Global term of imprisonment of six years on the two s.244(1) offences to be served concurrently, less credit for time served on remand on a 2:1 basis translating into a reduction of 30 months (resulting in 42 months to serve from date of sentence)
  • Twelve months imprisonment on the s.94(1) offence, to be served concurrently