R. v. Rhodenzier

R. v. Rhodenzier

The court found the firearms offences objectively serious with high moral blameworthiness given possession of multiple firearms (including a prohibited sawed-off shotgun and semi-automatic with expanded-capacity magazine) in breach of an existing firearms prohibition. Balancing deterrence/denunciation with Gladue mitigation, the judge accepted the Crown's revised global recommendation of 30 months imprisonment for the Criminal Code counts plus 10 days for the CDSA count, applied enhanced pre-sentence custody credit of 648 days, resulting in a go-forward sentence of 274 days (~9 months). The judge ordered specified counts concurrent or consecutive as recommended and imposed ancillary...

Citation
2019 NSPC 85
Parties
Crown: Her Majesty the Queen; Accused: Kyle St. Clair Rhodenizer
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 May 2019
Procedural Posture
Criminal Sentencing / Sentencing Decision (provincial Court)
Outcome
Accused pleaded guilty to seven firearms offences and an included CDSA possession offence; global sentence imposed of 30 months for Criminal Code offences plus 10 days for CDSA offence, with enhanced pre-sentence custody credit applied producing a go-forward term of 274 days; ancillary orders made.
Legal Topics
Sentencing, Gladue Factors, Firearms Prohibition, Possession of Firearms, Pre Sentence Custody Credit, Concurrency and Totality, Ancillary Orders (forfeiture, Dna)
Source Language
English
Criminal Law Firearms Law Controlled Substances Law Sentencing Law Sentencing Gladue Factors Firearms Prohibition Possession of Firearms +3 more

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Parties

Her Majesty the Queen

Crown

Kyle St. Clair Rhodenizer

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision (provincial Court)

Legal Issues

  1. 1 Appropriate global sentence for multiple firearms offences and related CDSA offence
  2. 2 Application and weight of Gladue (s.718.2(e)) factors
  3. 3 Calculation and application of enhanced pre-sentence custody credit

Ratio Decidendi

The court found the firearms offences objectively serious with high moral blameworthiness given possession of multiple firearms (including a prohibited sawed-off shotgun and semi-automatic with expanded-capacity magazine) in breach of an existing firearms prohibition. Balancing deterrence/denunciation with Gladue mitigation, the judge accepted the Crown's revised global recommendation of 30 months imprisonment for the Criminal Code counts plus 10 days for the CDSA count, applied enhanced pre-sentence custody credit of 648 days, resulting in a go-forward sentence of 274 days (~9 months). The judge ordered specified counts concurrent or consecutive as recommended and imposed ancillary...

Court Disposition

Accused pleaded guilty to seven firearms offences and an included CDSA possession offence; global sentence imposed of 30 months for Criminal Code offences plus 10 days for CDSA offence, with enhanced pre-sentence custody credit applied producing a go-forward term of 274 days; ancillary orders made.

Orders

  • Count 1 (s.86(1)) careless storage: 6 months concurrent
  • Count 14 (s.91(2)) possession of prohibited magazine: 6 months consecutive