R. v. Power

R. v. Power

After applying s.718.2(e) Gladue principles and considering totality, seriousness and prior related weapons record, the judge found a conditional sentence inappropriate and imposed an eight month custodial sentence with specified concurrent and consecutive allocations; ancillary orders of DNA (secondary) and lifetime s.109 firearms prohibition were granted.

Citation
2016 NSSC 198
Parties
Crown: Her Majesty the Queen; Accused: Stephen James Power
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 July 2016
Procedural Posture
Criminal Indictment / Sentencing
Outcome
Sentence imposed: eight months' imprisonment; ancillary orders granted
Legal Topics
Possession of Firearm, Possession Contrary to Court Order, Breach of Probation, Gladue Principles, Conditional Sentence, Ancillary Orders, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Aboriginal Law Weapons Offences Possession of Firearm Possession Contrary to Court Order Breach of Probation Gladue Principles +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Stephen James Power

Accused

Procedural Posture

Criminal Indictment / Sentencing

Legal Issues

  1. 1 Admissibility of portions of Gladue report
  2. 2 Whether a conditional sentence order is available and appropriate
  3. 3 Proper length and structure (concurrent vs consecutive) of sentence for multiple weapons offences

Ratio Decidendi

After applying s.718.2(e) Gladue principles and considering totality, seriousness and prior related weapons record, the judge found a conditional sentence inappropriate and imposed an eight month custodial sentence with specified concurrent and consecutive allocations; ancillary orders of DNA (secondary) and lifetime s.109 firearms prohibition were granted.

Court Disposition

Sentence imposed: eight months' imprisonment; ancillary orders granted

Orders

  • Count 2 (s. 92(1) Criminal Code): 4 months incarceration
  • Count 3 (s. 92(1) Criminal Code): 4 months incarceration, concurrent to Count 2