R. v. Hill

R. v. Hill

Conditional sentence refused because the offender posed a substantial risk of re-offending given his significant prior record, commission of offences while on parole and in breach of a lifetime firearms prohibition; denunciation and deterrence required an immediate custodial sentence of 12 months to be served in a provincial institution, with concurrent application to both convictions and ancillary orders (DNA, lifetime prohibition, forfeiture).

Citation
2011 NSPC 28
Parties
Crown: Her Majesty the Queen; Accused: Peter Garth Hill
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 February 2011
Procedural Posture
Criminal / Sentencing Decision
Outcome
Guilty pleas accepted; custodial sentence imposed
Legal Topics
Possession of Firearm, Possession While Prohibited, Conditional Sentence, DNA Order, Firearm Prohibition, Forfeiture
Source Language
English
Criminal Law Firearms Law Sentencing Possession of Firearm Possession While Prohibited Conditional Sentence DNA Order Firearm Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Peter Garth Hill

Accused

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Whether a conditional sentence under s.742.1 of the Criminal Code is appropriate
  2. 2 Whether the safety of the community would be endangered by serving the sentence in the community
  3. 3 Proper quantum and concurrency of custodial sentence

Ratio Decidendi

Conditional sentence refused because the offender posed a substantial risk of re-offending given his significant prior record, commission of offences while on parole and in breach of a lifetime firearms prohibition; denunciation and deterrence required an immediate custodial sentence of 12 months to be served in a provincial institution, with concurrent application to both convictions and ancillary orders (DNA, lifetime prohibition, forfeiture).

Court Disposition

Guilty pleas accepted; custodial sentence imposed

Orders

  • 12 months imprisonment for offence contrary to s.94(1) Criminal Code
  • 12 months imprisonment for offence contrary to s.117.01(1) Criminal Code concurrent to s.94(1)