R. v. Hynes

R. v. Hynes

Given the offender's active participation in disposing of the body, the extended six and a half year refusal to cooperate, his criminal record and addiction, and the unsuitability and/or ineligibility for a conditional sentence, the appropriate sentence is three years' custody; pre-trial custody credit is applied at 1.5 days per day (434 days = 651 days credit); firearms prohibition and DNA orders are imposed.

Citation
2014 NSSC 119
Parties
Crown: Her Majesty the Queen; Offender: John Wayne Hynes
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 April 2014
Procedural Posture
Criminal Accessory After the Fact to Murder / Sentencing
Outcome
Accused sentenced to three years' imprisonment; credit for 651 days for time served; firearms prohibition order and DNA order imposed; no probation.
Legal Topics
Accessory After the Fact, Sentencing Principles, Conditional Sentence Eligibility, Pre Trial Custody Credit, Cooperation With Police, Victim Impact
Source Language
English
Criminal Law Homicide Sentencing Evidence and Cooperation Accessory After the Fact Sentencing Principles Conditional Sentence Eligibility Pre Trial Custody Credit +2 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 5 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

John Wayne Hynes

Offender

Procedural Posture

Criminal Accessory After the Fact to Murder / Sentencing

Legal Issues

  1. 1 Whether the accused acted out of fear or voluntarily assisted in disposing of the body
  2. 2 Appropriate range and quantum of sentence for accessory after the fact to murder given mitigating and aggravating factors
  3. 3 Whether a conditional sentence is appropriate or available

Ratio Decidendi

Given the offender's active participation in disposing of the body, the extended six and a half year refusal to cooperate, his criminal record and addiction, and the unsuitability and/or ineligibility for a conditional sentence, the appropriate sentence is three years' custody; pre-trial custody credit is applied at 1.5 days per day (434 days = 651 days credit); firearms prohibition and DNA orders are imposed.

Court Disposition

Accused sentenced to three years' imprisonment; credit for 651 days for time served; firearms prohibition order and DNA order imposed; no probation.

Orders

  • Three years imprisonment
  • Credit for time served: 651 days (1.5 days credit per day for 434 days in custody)