R. v. Bungay-Lloyd

R. v. Bungay-Lloyd

The court accepted the negotiated joint recommendation as a fit and just sentence given the balance of aggravating factors (planning, weapons, victim trauma, proceeds) and mitigating factors (guilty plea, youth, parity with co-accused), imposed a custodial term of 4 years 10 months, applied remand credit of 617 days at 1.5:1, and ordered ancillary measures (mandatory firearms prohibition, DNA order and $200 victim surcharge), finding the joint recommendation appropriate in the circumstances and supported by sentencing principles and relevant authorities.

Citation
2016 NSSC 110
Parties
Crown: Her Majesty the Queen; Accused: Codi James Scott Bungay-Lloyd
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 April 2016
Procedural Posture
Criminal Robbery (home Invasion) / Sentencing Following Guilty Plea After Preliminary Inquiry; Joint Recommendation Presented at Resolution Conference
Outcome
Guilty plea accepted; sentence imposed
Legal Topics
Home Invasion, Joint Recommendation, Guilty Plea, Remand Credit, Victim Surcharge, Firearms Prohibition, DNA Order, Parity in Sentencing
Source Language
English
Criminal Law Sentencing Robbery Weapons Offences Procedure Home Invasion Joint Recommendation Guilty Plea +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Codi James Scott Bungay-Lloyd

Accused

Procedural Posture

Criminal Robbery (home Invasion) / Sentencing Following Guilty Plea After Preliminary Inquiry; Joint Recommendation Presented at Resolution Conference

Legal Issues

  1. 1 Appropriate sentence for a planned home invasion robbery involving weapons and vulnerable victim
  2. 2 Weight to be given to aggravating and mitigating factors including youth and prior record
  3. 3 Whether to accept a joint recommendation reached at a resolution conference

Ratio Decidendi

The court accepted the negotiated joint recommendation as a fit and just sentence given the balance of aggravating factors (planning, weapons, victim trauma, proceeds) and mitigating factors (guilty plea, youth, parity with co-accused), imposed a custodial term of 4 years 10 months, applied remand credit of 617 days at 1.5:1, and ordered ancillary measures (mandatory firearms prohibition, DNA order and $200 victim surcharge), finding the joint recommendation appropriate in the circumstances and supported by sentencing principles and relevant authorities.

Court Disposition

Guilty plea accepted; sentence imposed

Orders

  • Incarceration for 4 years, 10 months (58 months)
  • Mandatory firearms prohibition pursuant to s.109 of the Criminal Code