R. v. Tye

R. v. Tye

The judge held that a global custodial sentence of 48 months in a federal institution is fit and proper: imposed 40 months for possession of a prohibited or restricted firearm with ammunition (s.95(1)), consecutive 12 months for related firearms offences composed of 12 months for carrying a concealed weapon (s.90(1)) served consecutive to the s.95(1) sentence and 6 months for possession while prohibited (s.117.01(1)) also consecutive, with two 60-day sentences for breaches of recognizance (s.145(3)) to be served concurrently; pre-sentence custody of 109 days was credited one-to-one but the court reduced the aggregate to 48 months to respect totality and the leniency principle applicable...

Citation
2011 NSPC 104
Parties
Crown: Her Majesty the Queen; Accused: Kartel Pye
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 November 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused pleaded guilty on all counts and was sentenced to a global custodial term of 48 months; ancillary orders made; victim fine surcharge waived.
Legal Topics
Possession of Prohibited Firearm, Carrying Concealed Weapon, Breach of Recognizance, Mandatory Minimum Sentence, Pre Sentence Custody Credit, Ancillary Orders
Source Language
English
Criminal Law Firearms Law Sentencing Possession of Prohibited Firearm Carrying Concealed Weapon Breach of Recognizance Mandatory Minimum Sentence Pre Sentence Custody Credit +1 more

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Parties

Her Majesty the Queen

Crown

Kartel Pye

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the mandatory minimum under s.95(1) applies and how it is to be applied to a youthful first-time adult offender
  2. 2 Appropriate individual and global sentence taking into account totality and proportionality
  3. 3 Whether pre-sentence custody credit should be awarded and at what rate

Ratio Decidendi

The judge held that a global custodial sentence of 48 months in a federal institution is fit and proper: imposed 40 months for possession of a prohibited or restricted firearm with ammunition (s.95(1)), consecutive 12 months for related firearms offences composed of 12 months for carrying a concealed weapon (s.90(1)) served consecutive to the s.95(1) sentence and 6 months for possession while prohibited (s.117.01(1)) also consecutive, with two 60-day sentences for breaches of recognizance (s.145(3)) to be served concurrently; pre-sentence custody of 109 days was credited one-to-one but the court reduced the aggregate to 48 months to respect totality and the leniency principle applicable...

Court Disposition

Accused pleaded guilty on all counts and was sentenced to a global custodial term of 48 months; ancillary orders made; victim fine surcharge waived.

Orders

  • Global custodial sentence of 48 months imprisonment in a federal institution.
  • Sentence breakdown: 40 months for possession of a prohibited or restricted firearm with ammunition (s.95(1)); 12 months total consecutive for related August 18 offences comprised of 12 months for carrying a concealed weapon (s.90(1)) consecutive and 6 months for possession while prohibited (s.117.01(1)) consecutive;...