R. v. O'Brien

R. v. O'Brien

Given the offender's significant role in planning and encouraging the robbery, extensive prior convictions, the violent character and impact of the offence, and limited prospects for rehabilitation, a custodial sentence of two years consecutive to the current sentence was necessary to denounce the conduct, deter others and protect the community.

Citation
2006 NSSC 153
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Marty David O’Brien
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 May 2006
Procedural Posture
Criminal Robbery (counselling) / Sentencing Hearing/decision
Outcome
Two years imprisonment to be served consecutive to the current sentence.
Legal Topics
Robbery, Counselling to Commit Offence, Sentencing Principles, General Deterrence, Denunciation, Consecutive Sentences, Community Impact
Source Language
English
Criminal Law Sentencing Robbery Counselling to Commit Offence Sentencing Principles General Deterrence Denunciation Consecutive Sentences +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

Marty David O’Brien

Accused/defendant

Procedural Posture

Criminal Robbery (counselling) / Sentencing Hearing/decision

Legal Issues

  1. 1 Appropriate sentence for counselling a robbery
  2. 2 Application of s.718 sentencing principles (denunciation, deterrence, rehabilitation)
  3. 3 Whether sentence should be consecutive to current custody

Ratio Decidendi

Given the offender's significant role in planning and encouraging the robbery, extensive prior convictions, the violent character and impact of the offence, and limited prospects for rehabilitation, a custodial sentence of two years consecutive to the current sentence was necessary to denounce the conduct, deter others and protect the community.

Court Disposition

Two years imprisonment to be served consecutive to the current sentence.

Orders

  • Two years imprisonment, to be served consecutive to the 51 month sentence the offender is currently serving.