R. v. Johnston

R. v. Johnston

Given the specific intent to kill, use of handguns in a public area with serious risk to bystanders and community harm, a sentence at the high end of the mid-range (9.5 years) is appropriate; the accused is entitled to 2:1 credit for approximately 17 months of pre-trial remand (34 months credit) but is not entitled to credit for time on pre-trial release; resulting global sentence is 6 years 8 months; lifetime firearms prohibition under s.109 and a DNA order are imposed.

Citation
2009 NSSC 218
Parties
Crown: Her Majesty the Queen; Accused: Jerrell Corlando Johnston; Co Accused: Nathaniel Sparks
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 July 2009
Procedural Posture
Criminal Attempted Murder / Sentencing
Outcome
Accused convicted of attempted murder; sentenced to a global term of 6 years, 8 months incarceration after credit; lifetime prohibition on firearms and a DNA order imposed.
Legal Topics
Attempted Murder, Sentencing Principles, Pre Trial Custody Credit, Credit for Pre Trial Release, Bail Conditions, Firearm Prohibition Order, DNA Order
Source Language
English
Criminal Law Sentencing Firearms Law Attempted Murder Sentencing Principles Pre Trial Custody Credit Credit for Pre Trial Release Bail Conditions +2 more

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Parties

Her Majesty the Queen

Crown

Jerrell Corlando Johnston

Accused

Nathaniel Sparks

Co Accused

Procedural Posture

Criminal Attempted Murder / Sentencing

Legal Issues

  1. 1 Appropriate sentence for attempted murder involving a firearm
  2. 2 Whether credit should be given for time on remand and for time on pre-trial release
  3. 3 Aggravating and mitigating factors in sentencing

Ratio Decidendi

Given the specific intent to kill, use of handguns in a public area with serious risk to bystanders and community harm, a sentence at the high end of the mid-range (9.5 years) is appropriate; the accused is entitled to 2:1 credit for approximately 17 months of pre-trial remand (34 months credit) but is not entitled to credit for time on pre-trial release; resulting global sentence is 6 years 8 months; lifetime firearms prohibition under s.109 and a DNA order are imposed.

Court Disposition

Accused convicted of attempted murder; sentenced to a global term of 6 years, 8 months incarceration after credit; lifetime prohibition on firearms and a DNA order imposed.

Orders

  • Impose global sentence of 6 years, 8 months imprisonment after credit
  • Initial sentence set at 9.5 years with 2:1 credit for pre-trial remand (approximately 17 months remand credited as 34 months)