R. v. Downey

R. v. Downey

Because the offences formed part of a planned, continuous armed robbery that included abduction, use of masks and an imitation firearm, the appropriate sentence is eight years total with concurrent sentences for kidnapping (five years concurrent) and possession of an imitation firearm (three years concurrent); the offences are intrinsically linked so concurrent sentencing and application of totality is appropriate; remand credit of 269 days is granted (reflecting refusal to award enhanced credit where custody resulted from breach of release) and ancillary orders (life weapons prohibition, forfeiture, DNA) follow.

Citation
2012 NSSC 351
Parties
Crown: Her Majesty The Queen; Accused: Rodan Romeo Downey
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 September 2012
Procedural Posture
Criminal Indictment / Sentencing Decision After Judge Alone Trial
Outcome
Convicted on Count 1 (robbery), Counts 3 and 4 (unlawful confinement/kidnapping), and Count 8 (possession of an imitation firearm); Stays entered on Counts 2,5,6,9 and 10; Not guilty on Count 7.
Legal Topics
Robbery, Kidnapping/unlawful Confinement, Remand Credit, Totality Principle, Aggravating and Mitigating Factors, Concurrent Vs Consecutive Sentencing, Kienapple Principle
Source Language
English
Criminal Law Sentencing Weapons Offences Robbery Kidnapping/unlawful Confinement Remand Credit Totality Principle Aggravating and Mitigating Factors +2 more

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Parties

Her Majesty The Queen

Crown

Rodan Romeo Downey

Accused

Procedural Posture

Criminal Indictment / Sentencing Decision After Judge Alone Trial

Legal Issues

  1. 1 Appropriate sentence for armed robbery involving abduction and use of an imitation firearm
  2. 2 Appropriate sentence for kidnapping/unlawful confinement arising from the same continuing event
  3. 3 Whether sentences should be concurrent or consecutive and application of totality

Ratio Decidendi

Because the offences formed part of a planned, continuous armed robbery that included abduction, use of masks and an imitation firearm, the appropriate sentence is eight years total with concurrent sentences for kidnapping (five years concurrent) and possession of an imitation firearm (three years concurrent); the offences are intrinsically linked so concurrent sentencing and application of totality is appropriate; remand credit of 269 days is granted (reflecting refusal to award enhanced credit where custody resulted from breach of release) and ancillary orders (life weapons prohibition, forfeiture, DNA) follow.

Court Disposition

Convicted on Count 1 (robbery), Counts 3 and 4 (unlawful confinement/kidnapping), and Count 8 (possession of an imitation firearm); Stays entered on Counts 2,5,6,9 and 10; Not guilty on Count 7.

Orders

  • Count 1 (robbery under s.344(1)(b)): eight years imprisonment
  • Counts 3 and 4 (unlawful confinement s.279(2)(a)): five years on each count, concurrent to each other and concurrent to Count 1