R. v. MacNeil

R. v. MacNeil

The court held the four-year mandatory minimum for s.244(1) is not grossly disproportionate in the circumstances of this accused. Although the accused's medical condition and other personal circumstances are significant mitigating factors that justify reducing sentence to the statutory minimum, they do not render the MMP cruel and unusual. Evidence established that the federal system can provide requisite medical care and compassionate release under CCRA s.121 remains available if the accused's condition deteriorates; Charter relief was therefore denied and the prescribed four-year sentence was imposed with concurrent and time-served adjustments.

Citation
2021 NSPC 4
Parties
Crown: Her Majesty the Queen; Accused: John William MacNeil
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 May 2019
Procedural Posture
Criminal Charter S.12 Challenge and Sentencing / Charter Hearing and Sentencing (post Conviction)
Outcome
Charter s.12 application dismissed; sentence imposed
Legal Topics
Mandatory Minimum Sentence, Section 12 Cruel and Unusual Punishment, Firearms Offences, Parole and Compassionate Release, Medical Fitness for Imprisonment
Source Language
English
Criminal Law Charter Law Sentencing Corrections Mandatory Minimum Sentence Section 12 Cruel and Unusual Punishment Firearms Offences Parole and Compassionate Release +1 more

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Parties

Her Majesty the Queen

Crown

John William MacNeil

Accused

Procedural Posture

Criminal Charter S.12 Challenge and Sentencing / Charter Hearing and Sentencing (post Conviction)

Legal Issues

  1. 1 Whether the four-year mandatory minimum under s.244(1) Criminal Code is grossly disproportionate under s.12 of the Charter in the circumstances of this accused
  2. 2 Appropriate sentence for discharging a firearm with intent to wound and related offences
  3. 3 Whether the accused's terminal and serious medical conditions render incarceration cruel and unusual in this case

Ratio Decidendi

The court held the four-year mandatory minimum for s.244(1) is not grossly disproportionate in the circumstances of this accused. Although the accused's medical condition and other personal circumstances are significant mitigating factors that justify reducing sentence to the statutory minimum, they do not render the MMP cruel and unusual. Evidence established that the federal system can provide requisite medical care and compassionate release under CCRA s.121 remains available if the accused's condition deteriorates; Charter relief was therefore denied and the prescribed four-year sentence was imposed with concurrent and time-served adjustments.

Court Disposition

Charter s.12 application dismissed; sentence imposed

Orders

  • Count 6 (s.244(1)) — 4 years incarceration
  • Count 7 (s.267(1)(a)) — 3 months incarceration, concurrent with s.244(1) sentence