R. v. Kelley

R. v. Kelley

Given the offender’s significant prior record, the facts (loaded restricted firearm with obliterated serial number and ammunition in a rental vehicle while under a prohibition not to drive), and sentencing principles of denunciation, deterrence and separation, the court imposed 2.5 years custody for s.95, a...

Source-derived case information.

Citation
2025 NSSC 326
Parties
Crown: His Majesty the King; Accused: Michael Rene Kelley
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 October 2025
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to a global term of 3.5 years custody (2.5 years for s.95 plus 1 year consecutive for s.117.01(3)(a); 45 days on s.145 concurrent). Remand credit of 1059 days applied to the 1278 day sentence leaving 219 days custody remaining. Ancillary orders imposed as set out below.
Legal Topics
Possession of Restricted Firearm, Possession While Prohibited, Breach of Court Order, Remand Credit, Probation and Ancillary Orders, Forfeiture, DNA Order
Source Language
english
Criminal Law Firearms Law Sentencing Possession of Restricted Firearm Possession While Prohibited Breach of Court Order Remand Credit Probation and Ancillary Orders +2 more

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Parties

His Majesty the King

Crown

Michael Rene Kelley

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for possession of a restricted firearm contrary to s.95
  2. 2 Sentence for possession of firearm while subject to prohibition order under s.117.01(3)(a) and whether it should be consecutive
  3. 3 Sentence for unsafe storage/possession of ammunition under s.145

Ratio Decidendi

Given the offender’s significant prior record, the facts (loaded restricted firearm with obliterated serial number and ammunition in a rental vehicle while under a prohibition not to drive), and sentencing principles of denunciation, deterrence and separation, the court imposed 2.5 years custody for s.95, a consecutive 1 year custody for s.117.01(3)(a), and 45 days concurrent for s.145; remand of 706 days was credited at 1.5:1 to 1059 days producing a remaining custodial balance of 219 days; ancillary orders of 24 months probation with reporting and counselling, lifetime firearm prohibition under s.109(1)(d), a secondary DNA order under s.487.04, forfeiture of firearm and ammunition, and...

Court Disposition

Offender sentenced to a global term of 3.5 years custody (2.5 years for s.95 plus 1 year consecutive for s.117.01(3)(a); 45 days on s.145 concurrent). Remand credit of 1059 days applied to the 1278 day sentence leaving 219 days custody remaining. Ancillary orders imposed as set out below.

Orders

  • Custody: 2 years and 6 months for offence under s.95 (possession of restricted firearm)
  • Custody: 1 year for offence under s.117.01(3)(a) (possession while prohibited) to be served consecutive to the s.95 sentence