R. v. Redden

R. v. Redden

Given the non-violent, collection-oriented nature of the possession, the offender's advanced age, significant health issues, expressed remorse, stable compliance while released and low risk to public safety, a conditional sentence order of two years less a day (with 12 months house arrest) followed by 24 months probation is proportionate and justified under s.742.1; ancillary orders (DNA, forfeiture, lifetime prohibition) and victim fine surcharge are appropriate despite non-custodial disposition.

Citation
2017 NSSC 172
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Robert Lindsay Redden
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence order of two years less a day with first 12 months under house arrest followed by 24 months of probation; ancillary orders granted; victim fine surcharge imposed.
Legal Topics
Possession of Prohibited Firearms, Breach of Firearms Prohibition Order, Conditional Sentence Orders, Ancillary Orders (dna, Forfeiture, Lifetime Prohibition), Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Firearms Regulation Constitutional Law Possession of Prohibited Firearms Breach of Firearms Prohibition Order Conditional Sentence Orders Ancillary Orders (dna, Forfeiture, Lifetime Prohibition) +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

Robert Lindsay Redden

Accused/defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence is required for possession of multiple firearms including prohibited weapons while subject to a s.109 prohibition order
  2. 2 Whether a conditional sentence order is permissible under s.742.1 given offender's age, health, remorse and risk to public safety
  3. 3 Appropriate ancillary orders (DNA, forfeiture, lifetime prohibition) and amount/timing of victim fine surcharge

Ratio Decidendi

Given the non-violent, collection-oriented nature of the possession, the offender's advanced age, significant health issues, expressed remorse, stable compliance while released and low risk to public safety, a conditional sentence order of two years less a day (with 12 months house arrest) followed by 24 months probation is proportionate and justified under s.742.1; ancillary orders (DNA, forfeiture, lifetime prohibition) and victim fine surcharge are appropriate despite non-custodial disposition.

Court Disposition

Conditional sentence order of two years less a day with first 12 months under house arrest followed by 24 months of probation; ancillary orders granted; victim fine surcharge imposed.

Orders

  • Conditional sentence order of two years less a day with 12 months house arrest (including terms and exceptions as outlined in the Order)
  • Followed by 24 months probation with regular reporting and standard/proposed conditions