R. v. Muir

R. v. Muir

The court accepted the joint submission of 42 months because it did not bring the administration of justice into disrepute under MacIvor, applied sentencing principles of totality and restraint to adjust individual count sentences (including one-for-one remand credit of eight months) to reach the agreed total, and imposed mandatory ancillary orders including DNA collection, life weapons prohibition and forfeiture of drug contraband and seized firearms, together with mandatory victim surcharges.

Citation
2015 NSPC 58
Parties
Crown: Her Majesty the Queen; Accused: Justin Cory Muir
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 August 2015
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Guilty pleas accepted; total sentence of 42 months' imprisonment imposed on a go-forward basis with specified ancillary orders
Legal Topics
Possession for Purpose of Trafficking, Breach of Probation/bail, Possession While Prohibited, Obstruction of Peace Officer, Forfeiture, Victim Surcharge, DNA Collection Order, Weapons Prohibition, Totality Principle, Credit for Remand
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms Law Sentencing Possession for Purpose of Trafficking Breach of Probation/bail Possession While Prohibited Obstruction of Peace Officer +6 more

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Parties

Her Majesty the Queen

Crown

Justin Cory Muir

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether the joint submission should be accepted or rejected under MacIvor
  2. 2 Appropriate total sentence applying principles of totality and restraint
  3. 3 Proper credit for time on remand under Truth in Sentencing provisions

Ratio Decidendi

The court accepted the joint submission of 42 months because it did not bring the administration of justice into disrepute under MacIvor, applied sentencing principles of totality and restraint to adjust individual count sentences (including one-for-one remand credit of eight months) to reach the agreed total, and imposed mandatory ancillary orders including DNA collection, life weapons prohibition and forfeiture of drug contraband and seized firearms, together with mandatory victim surcharges.

Court Disposition

Guilty pleas accepted; total sentence of 42 months' imprisonment imposed on a go-forward basis with specified ancillary orders

Orders

  • Total custodial sentence: 42 months' imprisonment on a go-forward basis
  • Credit for remand: 8 months (one-for-one credit) applied in calculating final sentence