R. v. Dauphinee

R. v. Dauphinee

The court accepted the joint recommendation and imposed the mandatory three year federal sentence for the s.95(1) offence because denunciation and deterrence are paramount for weapons offences but the offender's demonstrated rehabilitation, family support, employment and guilty plea justified the recommended sentence; the court also imposed a lifetime firearms prohibition under s.109, ordered forfeiture and destruction of the firearms, required a DNA sample, waived the Victim Fine Surcharge under s.737(5) due to undue hardship, and allowed remaining charges to be withdrawn.

Citation
2014 NSSC 12
Parties
Crown: Her Majesty the Queen; Accused: Michael James Dauphinee
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 January 2014
Procedural Posture
Criminal Sentencing / Sentencing Hearing
Outcome
Guilty plea accepted; sentence imposed
Legal Topics
Possession of Prohibited Weapon, Mandatory Minimum Sentence, Denunciation and Deterrence, Forfeiture, DNA Order, Firearms Prohibition, Victim Fine Surcharge Waiver
Source Language
English
Criminal Law Firearms Offences Sentencing Possession of Prohibited Weapon Mandatory Minimum Sentence Denunciation and Deterrence Forfeiture DNA Order +2 more

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Parties

Her Majesty the Queen

Crown

Michael James Dauphinee

Accused

Procedural Posture

Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Whether the mandatory minimum three year sentence for possession of a prohibited or restricted weapon with readily available ammunition under s.95(1) applies
  2. 2 Whether the joint recommendation of sentence is fit and should be accepted
  3. 3 Whether a lifetime firearms prohibition under s.109 and a DNA order should be imposed

Ratio Decidendi

The court accepted the joint recommendation and imposed the mandatory three year federal sentence for the s.95(1) offence because denunciation and deterrence are paramount for weapons offences but the offender's demonstrated rehabilitation, family support, employment and guilty plea justified the recommended sentence; the court also imposed a lifetime firearms prohibition under s.109, ordered forfeiture and destruction of the firearms, required a DNA sample, waived the Victim Fine Surcharge under s.737(5) due to undue hardship, and allowed remaining charges to be withdrawn.

Court Disposition

Guilty plea accepted; sentence imposed

Orders

  • Custody: Three years in a federal institution for the offence under s.95(1) of the Criminal Code
  • Lifetime prohibition under s.109 of the Criminal Code on possession of any firearm or ammunition