R. v. Johnson

R. v. Johnson

The s.88 conviction was stayed because carrying the weapon formed part of the same criminal transaction as the robbery and a separate conviction would offend the Kienapple rule; the appropriate sentence for the robbery is 2.5 years custody within the established 2–3 year provincial range given aggravating factors (planning, weapon threat, criminal record, flight) and absence of mitigating factors; DNA and lifetime firearms prohibition orders were granted and victim surcharge waived.

Citation
2004 NSSC 221
Parties
Crown: Her Majesty the Queen; Accused: Lawrence Michael Johnson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 October 2004
Procedural Posture
Criminal / Sentencing
Outcome
Conviction on robbery count upheld; conviction on s.88 (carrying a weapon) stayed; sentence imposed
Legal Topics
Robbery, Carrying a Weapon, Multiple Convictions (kienapple), DNA Order, Firearms Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sentencing Procedure Robbery Carrying a Weapon Multiple Convictions (kienapple) DNA Order Firearms Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Lawrence Michael Johnson

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the s.88 conviction for carrying a weapon should be stayed due to rule against multiple convictions
  2. 2 Appropriate length of sentence for robbery given aggravating and mitigating factors
  3. 3 Whether to grant DNA sample order and lifetime firearms prohibition

Ratio Decidendi

The s.88 conviction was stayed because carrying the weapon formed part of the same criminal transaction as the robbery and a separate conviction would offend the Kienapple rule; the appropriate sentence for the robbery is 2.5 years custody within the established 2–3 year provincial range given aggravating factors (planning, weapon threat, criminal record, flight) and absence of mitigating factors; DNA and lifetime firearms prohibition orders were granted and victim surcharge waived.

Court Disposition

Conviction on robbery count upheld; conviction on s.88 (carrying a weapon) stayed; sentence imposed

Orders

  • Stay entered as to count 2 (s.88)
  • Sentence of 2.5 years imprisonment in a federal institution (remand credit of approximately 2 months applied)