R. v. Cater

R. v. Cater

Applied Kienapple to stay specified overlapping counts but refused to stay other trafficking counts where elements and societal interests differed; imposed individual sentences: possession counts totaling 4.5 years (including concurrent terms and a consecutive 6 month for over-capacity magazines), trafficking counts 5 years concurrent to each other and ordered consecutive to possession; acknowledged mandatory minimums but mitigated aggregate under totality to an overall sentence of 8 years then applied 2-year remand credit to yield a go-forward sentence of 6 years; rejected Defence s.12 challenge and limited mitigation for house arrest due to lack of demonstrated substantial hardship and...

Citation
2012 NSPC 38
Parties
Crown: Her Majesty The Queen; Accused: Kyle Cater
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 May 2012
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Accused convicted and sentenced
Legal Topics
Mandatory Minimums, Kienapple Principle, Remand Credit, House Arrest Mitigation, Consecutive and Concurrent Sentences, Denunciation and Deterrence, Totality
Source Language
English
Criminal Law Firearms Offences Sentencing Charter Mandatory Minimums Kienapple Principle Remand Credit House Arrest Mitigation +3 more

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Parties

Her Majesty The Queen

Crown

Kyle Cater

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether Kienapple bars multiple convictions on overlapping firearm counts
  2. 2 Applicability and effect of mandatory minimum sentences under s.95(1) and related provisions
  3. 3 Appropriate quantum of sentence for possession and trafficking of firearms

Ratio Decidendi

Applied Kienapple to stay specified overlapping counts but refused to stay other trafficking counts where elements and societal interests differed; imposed individual sentences: possession counts totaling 4.5 years (including concurrent terms and a consecutive 6 month for over-capacity magazines), trafficking counts 5 years concurrent to each other and ordered consecutive to possession; acknowledged mandatory minimums but mitigated aggregate under totality to an overall sentence of 8 years then applied 2-year remand credit to yield a go-forward sentence of 6 years; rejected Defence s.12 challenge and limited mitigation for house arrest due to lack of demonstrated substantial hardship and...

Court Disposition

Accused convicted and sentenced

Orders

  • Count 7 (unlawful possession of sawed-off Cooey shotgun): 4 years imprisonment
  • Count 8 (unlawful possession of AP 9 handgun): 4 years imprisonment concurrent with Count 7