R. v. O'Brien

R. v. O'Brien

Given the serious aggravating features (masked armed robbery of a lone clerk, extensive criminal record) but recognizing the accused's prolonged custody and lack of recent offending, the appropriate sentence is a custodial term of six years and six months for robbery, with concurrent terms for the mask and weapons offences, plus DNA and firearms orders; crown's 9–12 years was excessive and defence's 5–6 years was inadequate.

Citation
2009 NSSC 195
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Marty David O’Brien
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 April 2009
Procedural Posture
Criminal / Sentencing Hearing/decision
Outcome
Accused sentenced following guilty plea/findings: robbery sentence imposed and concurrent sentences on related counts; ancillary orders imposed.
Legal Topics
Robbery, Weapons Offences, Offence Involving a Disguise/mask, Sentencing Principles, DNA and Firearms Orders, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Robbery Weapons Offences Offence Involving a Disguise/mask Sentencing Principles DNA and Firearms Orders Aggravating and Mitigating Factors

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Parties

Her Majesty the Queen

Crown/prosecution

Marty David O’Brien

Accused/defendant

Procedural Posture

Criminal / Sentencing Hearing/decision

Legal Issues

  1. 1 Appropriate sentence for robbery under Criminal Code s.344
  2. 2 Application of s.718, s.718.1 and s.718.2 sentencing principles
  3. 3 Weight of aggravating factors (weapon, mask, lone victim, extensive prior record)

Ratio Decidendi

Given the serious aggravating features (masked armed robbery of a lone clerk, extensive criminal record) but recognizing the accused's prolonged custody and lack of recent offending, the appropriate sentence is a custodial term of six years and six months for robbery, with concurrent terms for the mask and weapons offences, plus DNA and firearms orders; crown's 9–12 years was excessive and defence's 5–6 years was inadequate.

Court Disposition

Accused sentenced following guilty plea/findings: robbery sentence imposed and concurrent sentences on related counts; ancillary orders imposed.

Orders

  • Robbery (s.344) sentenced to six years and six months in a federal institution, to be served consecutive to time presently being served
  • Offence of wearing a mask sentenced to two years, to be served concurrently with the robbery sentence