R. v. Snell

R. v. Snell

The court accepted the authentic joint submission as within the proper sentencing range and not bringing the administration of justice into disrepute, imposed a 3.5-year federal sentence for robbery (s.344) with a concurrent six-month sentence for assaulting a peace officer (s.270(2)), ordered a primary-designated-offence DNA collection, imposed lifetime weapons prohibitions under s.109, endorsed the warrant per Truth in Sentencing Act to record that absent six months remand credit the robbery sentence would have been four years, endorsed a no-contact condition under s.743.21, and declined to impose a victim surcharge due to undue hardship and timing of the statutory change.

Citation
2013 NSPC 122
Parties
Crown: Her Majesty the Queen; Accused: Darren Brent Snell
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 December 2013
Procedural Posture
Criminal (indictable Offences) / Sentencing
Outcome
Accused convicted and sentenced
Legal Topics
Joint Submission, Remand Credit (time and a Half), Truth in Sentencing, Section 109 Firearms Prohibition, DNA Order, Victim Surcharge Hardship, Concurrent Sentences, Section 743.21 No Contact Endorsement
Source Language
English
Criminal Law Sentencing Firearms Law DNA Collection Robbery Assault Joint Submission Remand Credit (time and a Half) +6 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Darren Brent Snell

Accused

Procedural Posture

Criminal (indictable Offences) / Sentencing

Legal Issues

  1. 1 Whether a joint submission should be accepted or rejected under MacIvor
  2. 2 Appropriate sentence for robbery with a weapon and related assault given offender's record
  3. 3 Application and calculation of remand credit (Carvery)

Ratio Decidendi

The court accepted the authentic joint submission as within the proper sentencing range and not bringing the administration of justice into disrepute, imposed a 3.5-year federal sentence for robbery (s.344) with a concurrent six-month sentence for assaulting a peace officer (s.270(2)), ordered a primary-designated-offence DNA collection, imposed lifetime weapons prohibitions under s.109, endorsed the warrant per Truth in Sentencing Act to record that absent six months remand credit the robbery sentence would have been four years, endorsed a no-contact condition under s.743.21, and declined to impose a victim surcharge due to undue hardship and timing of the statutory change.

Court Disposition

Accused convicted and sentenced

Orders

  • Sentence of three and one-half (3.5) years imprisonment on the s.344 robbery count, with six (6) months remand credit applied to reach that term
  • Sentence of six (6) months imprisonment on the s.270(2) assaulting a peace officer count, to be served concurrently with the robbery sentence