R. v. Gilbert

R. v. Gilbert

Given the seriousness and escalation of the offences — including two robberies involving a weapon and invasion of homes — the aggravating factors outweigh mitigation (youth, early guilty pleas, cooperation), and a global custodial sentence of five years with specified consecutive and concurrent components is necessary to protect the public and achieve deterrence; a DNA order is appropriate for the robbery offences and a 20-year prohibition on possession of weapons is imposed under s.109.

Citation
2008 NSPC 49
Parties
Crown: Her Majesty the Queen; Accused: Catlin Ryan Gilbert
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 June 2008
Procedural Posture
Criminal / Sentencing
Outcome
Guilty; global custodial sentence of five years imposed with specified consecutive and concurrent components; DNA order for robbery offences; weapons prohibition for 20 years under s.109.
Legal Topics
Robbery, Break and Enter, Assaulting a Peace Officer, Theft, Extortion, Mischief, Breach of Undertaking, DNA Order (s.109), Weapons Prohibition, Deterrence
Source Language
English
Criminal Law Sentencing Robbery Break and Enter Assaulting a Peace Officer Theft Extortion Mischief +4 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 4 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Catlin Ryan Gilbert

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for multiple violent and property offences including two robberies
  2. 2 Whether federal custody is warranted given aggravating and mitigating factors
  3. 3 Imposition of a DNA order under s.109

Ratio Decidendi

Given the seriousness and escalation of the offences — including two robberies involving a weapon and invasion of homes — the aggravating factors outweigh mitigation (youth, early guilty pleas, cooperation), and a global custodial sentence of five years with specified consecutive and concurrent components is necessary to protect the public and achieve deterrence; a DNA order is appropriate for the robbery offences and a 20-year prohibition on possession of weapons is imposed under s.109.

Court Disposition

Guilty; global custodial sentence of five years imposed with specified consecutive and concurrent components; DNA order for robbery offences; weapons prohibition for 20 years under s.109.

Orders

  • One month custody for offence contrary to section 270 (Aug 29, 2007)
  • Nine months custody for break and enter contrary to section 348(1)(a) (Jan 11, 2008), consecutive to previous sentence