R. v. Paul

R. v. Paul

The court accepted the joint recommendation and imposed a 5 year custodial sentence to be served consecutively to the offender's existing sentence because, on balance, the significant aggravating factors (use of a knife, actual stabbing causing sutured injury, face concealment, vulnerable victim, and extensive prior record) outweighed mitigating factors (guilty plea, remorse, youth), and totality was appropriately accounted for in ordering the sentence consecutive to the existing term; ancillary orders under statutory authority were appropriate.

Citation
2016 NSSC 125
Parties
Crown: Her Majesty the Queen; Accused: Robert Edgar Paul
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 May 2016
Procedural Posture
Criminal: Robbery, Assault, Masked to Commit an Indictable Offence / Sentencing After Guilty Plea (judge Alone)
Outcome
Guilty plea entered earlier; sentenced to custody with ancillary statutory orders imposed.
Legal Topics
Sentencing, Robbery, Assault, Weapons Offences, Firearms Prohibition, DNA Order, Totality Principle, Gladue (aboriginal Considerations)
Source Language
English
Criminal Law Sentencing Robbery Assault Weapons Offences Firearms Prohibition DNA Order Totality Principle +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Robert Edgar Paul

Accused

Procedural Posture

Criminal: Robbery, Assault, Masked to Commit an Indictable Offence / Sentencing After Guilty Plea (judge Alone)

Legal Issues

  1. 1 Appropriate quantum of sentence for armed robbery with injury
  2. 2 Whether the joint recommendation of 5 years consecutive is fit
  3. 3 Application of the totality principle given related earlier sentence

Ratio Decidendi

The court accepted the joint recommendation and imposed a 5 year custodial sentence to be served consecutively to the offender's existing sentence because, on balance, the significant aggravating factors (use of a knife, actual stabbing causing sutured injury, face concealment, vulnerable victim, and extensive prior record) outweighed mitigating factors (guilty plea, remorse, youth), and totality was appropriately accounted for in ordering the sentence consecutive to the existing term; ancillary orders under statutory authority were appropriate.

Court Disposition

Guilty plea entered earlier; sentenced to custody with ancillary statutory orders imposed.

Orders

  • Five years' custody to be served consecutively to the sentence he is currently serving.
  • Lifetime prohibition on possessing firearms, crossbows, restricted weapons, ammunition and explosive substances (Criminal Code s.109).