R. v. Miller

R. v. Miller

Conditional sentence refused and two years custody imposed because the offence was serious and planned, involved a weapon and created victim fear; the accused had a significant prior serious record and reoffended shortly after a conditional sentence, and the objectives of denunciation and deterrence and protection of the public required imprisonment; a mandatory 10‑year firearms prohibition under s.109 was imposed and two years probation with specified conditions was ordered to follow custody.

Citation
2005 NSSC 187
Parties
Crown: Her Majesty the Queen; Accused: John Russell Miller
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 June 2005
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to 2 years imprisonment to be served in a federal penitentiary, followed by 2 years probation; 10-year firearms/prohibited weapons prohibition imposed; accused remanded into custody to commence sentence.
Legal Topics
Robbery, Conditional Sentence, Probation, Denunciation, General and Specific Deterrence, Victim Impact
Source Language
English
Criminal Law Sentencing Conditional Sentencing Firearms Prohibition Robbery Conditional Sentence Probation Denunciation +2 more

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Parties

Her Majesty the Queen

Crown

John Russell Miller

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether accused was eligible for a conditional sentence under s.742.1 of the Criminal Code
  2. 2 Appropriate length and type of sentence for robbery given facts and prior record
  3. 3 Application of sentencing principles in s.718 and s.718.2

Ratio Decidendi

Conditional sentence refused and two years custody imposed because the offence was serious and planned, involved a weapon and created victim fear; the accused had a significant prior serious record and reoffended shortly after a conditional sentence, and the objectives of denunciation and deterrence and protection of the public required imprisonment; a mandatory 10‑year firearms prohibition under s.109 was imposed and two years probation with specified conditions was ordered to follow custody.

Court Disposition

Accused sentenced to 2 years imprisonment to be served in a federal penitentiary, followed by 2 years probation; 10-year firearms/prohibited weapons prohibition imposed; accused remanded into custody to commence sentence.

Orders

  • Two years imprisonment (to be served in a federal penitentiary).
  • Two years probation with conditions: keep the peace and be of good behaviour; report to a probation officer as required; attend for mental health assessment and counselling as directed; attend for substance abuse assessment and counselling as directed; have no contact, direct or indirect, with Melissa Andrews; not...