R. v. Upshaw

R. v. Upshaw

The court accepted the joint recommendation and imposed concurrent sentences because the presentence reports, remorse, demonstrated rehabilitation efforts, stable employment and community support rendered the joint recommendation fit and not inconsistent with sentencing principles; the pleas were found voluntary and informed, and DNA and firearms prohibition orders were granted.

Citation
2013 NSSC 55
Parties
Crown: Her Majesty the Queen; Accused: Brandon Upshaw; Accused: Jason Boudreau
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 February 2013
Procedural Posture
Criminal Sentencing for Robbery, Assault and Breach of Recognizance / Sentencing / Judgment on Joint Recommendation
Outcome
Joint recommendation accepted; sentences imposed and ancillary orders granted
Legal Topics
Robbery, Common Assault, Breach of Recognizance, Presentence Reports, Plea Voluntariness, DNA Order, Firearms Prohibition, Joint Sentencing Recommendation, Mitigation Addiction and Rehabilitation
Source Language
English
Criminal Law Sentencing Evidence (plea Voluntariness) Robbery Common Assault Breach of Recognizance Presentence Reports Plea Voluntariness +4 more

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Parties

Her Majesty the Queen

Crown

Brandon Upshaw

Accused

Jason Boudreau

Accused

Procedural Posture

Criminal Sentencing for Robbery, Assault and Breach of Recognizance / Sentencing / Judgment on Joint Recommendation

Legal Issues

  1. 1 Whether the guilty pleas were voluntary and understood
  2. 2 Whether to accept the joint recommendation for concurrent two-year sentences for robbery
  3. 3 Appropriate credit and concurrent sentencing for related offences including common assault and breach of recognizance

Ratio Decidendi

The court accepted the joint recommendation and imposed concurrent sentences because the presentence reports, remorse, demonstrated rehabilitation efforts, stable employment and community support rendered the joint recommendation fit and not inconsistent with sentencing principles; the pleas were found voluntary and informed, and DNA and firearms prohibition orders were granted.

Court Disposition

Joint recommendation accepted; sentences imposed and ancillary orders granted

Orders

  • For both Upshaw and Boudreau: two years imprisonment on each of two counts of robbery to run concurrently
  • For Upshaw: 30 day sentence for common assault to run concurrent with the two year sentences