R. v. Piercy

R. v. Piercy

The court accepted the negotiated joint submission because the facts and sentencing principles (denunciation, deterrence, victim impact, offender's mitigation) supported the agreed disposition and it would not bring the administration of justice into disrepute; accordingly the court imposed two years plus one day custody, ordered DNA collection, a no-contact order while in custody, firearm possession prohibitions, a $1,000 victim surcharge payable in 48 months, and directed remand-credit endorsement under the Truth in Sentencing Act (an additional nine months reflected).

Citation
2014 NSPC 94
Parties
Crown: Her Majesty the Queen; Accused: Justin Arthur Piercy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 November 2014
Procedural Posture
Criminal Robbery (section 344 Criminal Code) / Sentencing Decision
Outcome
Joint sentencing recommendation accepted; custodial sentence imposed of two years plus one day commencing 2014-11-12.
Legal Topics
Robbery, Use of Weapon (chemical Irritant), Victim Impact, Denunciation and Deterrence, DNA Collection Order, Firearm Prohibition, Victim Surcharge, Remand Credit / Truth in Sentencing
Source Language
English
Criminal Law Sentencing Robbery Use of Weapon (chemical Irritant) Victim Impact Denunciation and Deterrence DNA Collection Order Firearm Prohibition +2 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 7 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Justin Arthur Piercy

Accused

Procedural Posture

Criminal Robbery (section 344 Criminal Code) / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for robbery under s.344(1)(b)
  2. 2 Weight of aggravating and mitigating factors including victim impact
  3. 3 Whether to accept a joint sentencing recommendation

Ratio Decidendi

The court accepted the negotiated joint submission because the facts and sentencing principles (denunciation, deterrence, victim impact, offender's mitigation) supported the agreed disposition and it would not bring the administration of justice into disrepute; accordingly the court imposed two years plus one day custody, ordered DNA collection, a no-contact order while in custody, firearm possession prohibitions, a $1,000 victim surcharge payable in 48 months, and directed remand-credit endorsement under the Truth in Sentencing Act (an additional nine months reflected).

Court Disposition

Joint sentencing recommendation accepted; custodial sentence imposed of two years plus one day commencing 2014-11-12.

Orders

  • Custodial sentence of two years plus one day (bare federal sentence) commencing 2014-11-12.
  • No contact or communication, direct or indirect, with Christina May MacGregor while in custody (s.743.21).