R. v. Faulkner

R. v. Faulkner

The court balanced the inherent seriousness and violent nature of robbery against significant mitigating contextual factors established by the IRCA and pre-sentence report (remorse, cooperation, lack of physical violence, overmedication and acute distress), applied remand credit and totality principles, and imposed a custodial sentence of 2 years 6 months for the robbery (s.344) with the 6 month sentence for the breach (s.145) concurrent, less 1 year 69 days remand credit for an effective total of 1 year 111 days custody followed by 18 months probation and ancillary orders.

Citation
2019 NSPC 36
Parties
Crown: Her Majesty the Queen; Accused: Derek Demitrius Faulkner
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 January 2019
Procedural Posture
Criminal Robbery / Sentencing (decision on Sentence)
Outcome
Guilty plea accepted; sentence imposed: custodial term with probation to follow.
Legal Topics
Robbery, Breach of Recognizance, Impact of Race and Culture Assessment (irca), Remand Credit, Probation, Totality and Concurrency
Source Language
English
Criminal Law Sentencing Cultural Assessment Robbery Breach of Recognizance Impact of Race and Culture Assessment (irca) Remand Credit Probation +1 more

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Parties

Her Majesty the Queen

Crown

Derek Demitrius Faulkner

Accused

Procedural Posture

Criminal Robbery / Sentencing (decision on Sentence)

Legal Issues

  1. 1 Appropriate sentence for robbery
  2. 2 Relevance and weight of IRCA in sentencing
  3. 3 Application of aggravating and mitigating factors

Ratio Decidendi

The court balanced the inherent seriousness and violent nature of robbery against significant mitigating contextual factors established by the IRCA and pre-sentence report (remorse, cooperation, lack of physical violence, overmedication and acute distress), applied remand credit and totality principles, and imposed a custodial sentence of 2 years 6 months for the robbery (s.344) with the 6 month sentence for the breach (s.145) concurrent, less 1 year 69 days remand credit for an effective total of 1 year 111 days custody followed by 18 months probation and ancillary orders.

Court Disposition

Guilty plea accepted; sentence imposed: custodial term with probation to follow.

Orders

  • s. 109(3) – life firearms prohibition (as recorded)
  • DNA order under s. 344 (primary)