R. v. Vandette

R. v. Vandette

The court accepted the joint sentencing recommendations of experienced counsel because no serious error was demonstrated; applied statutory mandatory orders (DNA and forfeiture) and discretionary orders where authorized; imposed the specified mix of concurrent provincial sentences and consecutive federal sentences, granted one-to-one remand credit, waived the victim surcharge and imposed the statutory lifetime firearms prohibition.

Citation
2012 NSSC 438
Parties
Crown: Her Majesty the Queen; Accused: Christopher Lorne Vandette
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 December 2012
Procedural Posture
Criminal Sentencing (provincial Indictment and Federal CDSA Charges) / Sentence Hearing / Decision
Outcome
Court accepted joint recommendations of counsel and imposed the specified sentences and statutory orders.
Legal Topics
Sentencing Structure (concurrent and Consecutive), Mandatory and Discretionary DNA Orders, Forfeiture of Weapons Under S.491, Lifetime Firearms Prohibition S.109, Credit for Time Served, Waiver of Victim Surcharge, Federal CDSA Sentencing
Source Language
English
Criminal Law Sentencing Firearms Law Forfeiture Evidence (dna) Controlled Substances Sentencing Structure (concurrent and Consecutive) Mandatory and Discretionary DNA Orders +5 more

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Parties

Her Majesty the Queen

Crown

Christopher Lorne Vandette

Accused

Procedural Posture

Criminal Sentencing (provincial Indictment and Federal CDSA Charges) / Sentence Hearing / Decision

Legal Issues

  1. 1 Appropriate global sentence and allocation between counts
  2. 2 Whether to accept joint recommendations of counsel
  3. 3 Application of mandatory DNA order and scope of discretionary DNA order

Ratio Decidendi

The court accepted the joint sentencing recommendations of experienced counsel because no serious error was demonstrated; applied statutory mandatory orders (DNA and forfeiture) and discretionary orders where authorized; imposed the specified mix of concurrent provincial sentences and consecutive federal sentences, granted one-to-one remand credit, waived the victim surcharge and imposed the statutory lifetime firearms prohibition.

Court Disposition

Court accepted joint recommendations of counsel and imposed the specified sentences and statutory orders.

Orders

  • Count 1: 3 years (concurrent)
  • Count 2: 1 year (concurrent)