R. v. Marriott

R. v. Marriott

The court accepted the joint recommendation of 15 years because, on consideration of the Criminal Code sentencing principles, the authorities provided, the offender's youth and time in custody, and the significant community harm caused by the incident, the sentence appropriately balances denunciation and rehabilitation and there was no articulable reason to depart from the joint recommendation.

Citation
2011 NSSC 414
Parties
Crown: Her Majesty the Queen; Defendant: Aaron Gregory Marriott
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 May 2011
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to 15 years imprisonment; DNA order made; lifetime firearm prohibition imposed.
Legal Topics
Sentence Agreement/joint Recommendation, Attempted Murder/first Degree Murder (attempt), DNA Order, Firearm Prohibition for Life
Source Language
English
Criminal Law Sentencing Firearms Law Evidence (dna) Sentence Agreement/joint Recommendation Attempted Murder/first Degree Murder (attempt) DNA Order Firearm Prohibition for Life

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Parties

Her Majesty the Queen

Crown

Aaron Gregory Marriott

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the joint recommendation for a 15-year sentence is appropriate and acceptable to the court
  2. 2 Proper application of sentencing principles including denunciation and rehabilitation in a case involving youth and serious violence
  3. 3 Whether ancillary orders (DNA order and lifetime firearm prohibition) should be granted

Ratio Decidendi

The court accepted the joint recommendation of 15 years because, on consideration of the Criminal Code sentencing principles, the authorities provided, the offender's youth and time in custody, and the significant community harm caused by the incident, the sentence appropriately balances denunciation and rehabilitation and there was no articulable reason to depart from the joint recommendation.

Court Disposition

Defendant sentenced to 15 years imprisonment; DNA order made; lifetime firearm prohibition imposed.

Orders

  • 15 years imprisonment
  • DNA order