R. v. Greencorn

R. v. Greencorn

The joint sentence was accepted as reasonable: for s.5(2) CDSA one year imprisonment consecutive to current time served to denounce and deter trafficking (aggravated by presence of firearm); shorter concurrent custodial terms for breach of recognizance and unauthorized firearm possession; statutory forfeiture/confiscation and mandatory victim surcharges imposed; firearms prohibitions ordered under s.109.

Citation
2014 NSPC 2
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Matthew David William Greencorn
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 January 2014
Procedural Posture
Criminal (indictable) / Sentencing
Outcome
Accused pleaded guilty; sentence imposed in accordance with a joint submission accepted by the court.
Legal Topics
Possession for the Purpose of Trafficking, Unauthorized Possession of a Firearm, Breach of Recognizance, Forfeiture, Firearms Prohibition, Victim Surcharge, Denunciation and Deterrence
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms Law Sentencing Law Possession for the Purpose of Trafficking Unauthorized Possession of a Firearm Breach of Recognizance Forfeiture +3 more

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Parties

Her Majesty the Queen

Crown/prosecution

Matthew David William Greencorn

Accused/defendant

Procedural Posture

Criminal (indictable) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking under s.5(2) CDSA
  2. 2 Aggravation from coupling firearms with drug offences
  3. 3 Weight to be given to youth, guilty pleas and rehabilitation prospects at sentencing

Ratio Decidendi

The joint sentence was accepted as reasonable: for s.5(2) CDSA one year imprisonment consecutive to current time served to denounce and deter trafficking (aggravated by presence of firearm); shorter concurrent custodial terms for breach of recognizance and unauthorized firearm possession; statutory forfeiture/confiscation and mandatory victim surcharges imposed; firearms prohibitions ordered under s.109.

Court Disposition

Accused pleaded guilty; sentence imposed in accordance with a joint submission accepted by the court.

Orders

  • Count 2669902 (s.5(2) CDSA): one (1) year imprisonment to be served consecutively to any time currently being served.
  • Count (s.145(3) Criminal Code): thirty (30) days imprisonment, to be served concurrently with time being served.