R. v. Greene

R. v. Greene

The court accepted the joint sentencing recommendation because it fell within established sentencing ranges and met the public interest test under Anthony-Cook; imposed consecutive terms of 3 years (robbery), 1 year (use of imitation firearm mandatory minimum) and 6 months (possession of ammunition while prohibited) for a global sentence of 4.5 years; awarded enhanced remand credit of 807 days at 1.5:1 resulting in remaining custody of 2 years plus 105 days; ordered ancillary measures including lifetime weapons prohibition, DNA orders and a $600 victim surcharge payable within three years of release.

Citation
2016 NSSC 332
Parties
Crown: Her Majesty the Queen; Accused: Richard Joseph Greene
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 May 2016
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Guilty pleas accepted; sentence imposed.
Legal Topics
Robbery, Use of Imitation Firearm, Possession of Ammunition While Prohibited, Sentencing, Joint Sentencing Recommendation, Remand Credit, Weapons Prohibition, DNA Order, Victim Surcharge
Source Language
English
Criminal Law Robbery Use of Imitation Firearm Possession of Ammunition While Prohibited Sentencing Joint Sentencing Recommendation Remand Credit Weapons Prohibition +2 more

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Parties

Her Majesty the Queen

Crown

Richard Joseph Greene

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether the court should accept the joint sentencing recommendation or depart from it under the public interest test from Anthony-Cook
  2. 2 Appropriate quantum of sentence for robbery and related offences including mandatory minimums and consecutive sentences
  3. 3 Whether enhanced remand credit of 1.5 days per day is appropriate and calculation of remaining custody

Ratio Decidendi

The court accepted the joint sentencing recommendation because it fell within established sentencing ranges and met the public interest test under Anthony-Cook; imposed consecutive terms of 3 years (robbery), 1 year (use of imitation firearm mandatory minimum) and 6 months (possession of ammunition while prohibited) for a global sentence of 4.5 years; awarded enhanced remand credit of 807 days at 1.5:1 resulting in remaining custody of 2 years plus 105 days; ordered ancillary measures including lifetime weapons prohibition, DNA orders and a $600 victim surcharge payable within three years of release.

Court Disposition

Guilty pleas accepted; sentence imposed.

Orders

  • Imposed global sentence of 4.5 years imprisonment composed of consecutive terms: 3 years for robbery (s.344), 1 year for use of an imitation firearm while committing robbery (s.85(2)(a)), and 6 months for possession of ammunition while prohibited (s.117.01(1)).
  • Enhanced remand credit of 807 days applied at rate of 1.5 days for each day in remand; remaining time to be served going forward is 2 years plus 105 days.