R. v. Hanlon

R. v. Hanlon

The court accepted the joint recommendation and imposed a two-year federal sentence because the Crown conceded a real and substantial arguable issue as to the voluntariness/admissibility of the Mr. Big confession, and the offender's personal circumstances (age, minimal record, employment prospects and victim disengagement) justified a downward departure from the three-year starting range.

Citation
2010 NSSC 286
Parties
Crown: Her Majesty The Queen; Defendant: Alexander Francis Hanlon
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 July 2010
Procedural Posture
Criminal Robbery (s.343(b) Criminal Code) / Sentencing
Outcome
Guilty plea; sentenced to two years imprisonment in a federal penitentiary
Legal Topics
Robbery, Plea Bargaining, Admissibility of Confession, Mr. Big Operation, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Evidence Robbery Plea Bargaining Admissibility of Confession Mr. Big Operation DNA Order +1 more

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Parties

Her Majesty The Queen

Crown

Alexander Francis Hanlon

Defendant

Procedural Posture

Criminal Robbery (s.343(b) Criminal Code) / Sentencing

Legal Issues

  1. 1 Admissibility/voluntariness of confession obtained in a Mr. Big operation
  2. 2 Appropriate sentence for robbery involving violence and a weapon
  3. 3 Whether to accept a joint recommendation that departs from the typical starting range

Ratio Decidendi

The court accepted the joint recommendation and imposed a two-year federal sentence because the Crown conceded a real and substantial arguable issue as to the voluntariness/admissibility of the Mr. Big confession, and the offender's personal circumstances (age, minimal record, employment prospects and victim disengagement) justified a downward departure from the three-year starting range.

Court Disposition

Guilty plea; sentenced to two years imprisonment in a federal penitentiary

Orders

  • Period of incarceration of two years in a Federal Penitentiary
  • Primary designated offence DNA order pursuant to section 487.051 of the Criminal Code