R. v. Matheson

R. v. Matheson

The joint recommendation of 3.5 years imprisonment is within the appropriate range for an accessory after the fact to murder in these circumstances and is not clearly unreasonable; the sentence balances denunciation and general deterrence with mitigation from guilty plea, cooperation, short duration of involvement...

Source-derived case information.

Citation
2015 NSSC 42
Parties
Crown: R; Accused: Robert Edwin Matheson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 January 2015
Procedural Posture
Criminal / Sentencing (oral)
Outcome
Defendant convicted on guilty plea and sentenced on Count 1 to 3.5 years imprisonment (42 months) with remand credit at 1.5:1; ancillary orders of lifetime firearms prohibition and primary designated DNA order; Count 2 sentenced to 30 days concurrent.
Legal Topics
Accessory After the Fact, Sentencing Principles, Guilty Plea, Remand Credit, Victim Impact Statements, Firearms Prohibition, DNA Order
Source Language
english
Criminal Law Sentencing Homicide Procedure Accessory After the Fact Sentencing Principles Guilty Plea Remand Credit +3 more

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Parties

R

Crown

Robert Edwin Matheson

Accused

Procedural Posture

Criminal / Sentencing (oral)

Legal Issues

  1. 1 What is the appropriate sentence for an accessory after the fact to murder?
  2. 2 Whether the joint recommendation for sentence should be accepted by the court
  3. 3 Application of sentencing principles in ss. 718-718.2 of the Criminal Code

Ratio Decidendi

The joint recommendation of 3.5 years imprisonment is within the appropriate range for an accessory after the fact to murder in these circumstances and is not clearly unreasonable; the sentence balances denunciation and general deterrence with mitigation from guilty plea, cooperation, short duration of involvement and remorse; remand credit is allowed at 1.5:1; ancillary orders (lifetime firearms prohibition and primary designated DNA order) are appropriate; Count 2 sentenced to 30 days concurrent.

Court Disposition

Defendant convicted on guilty plea and sentenced on Count 1 to 3.5 years imprisonment (42 months) with remand credit at 1.5:1; ancillary orders of lifetime firearms prohibition and primary designated DNA order; Count 2 sentenced to 30 days concurrent.

Orders

  • Count 1: 3.5 years imprisonment (42 months) on conviction for accessory after the fact to murder (Criminal Code s.240).
  • Remand credit allowed at ratio 1.5 days credit for each day in custody on remand pursuant to s.719(3).