R. v. Fizli

R. v. Fizli

The court accepted the joint recommendation as reasonable given the balance of aggravating factors (violent robbery motivated by prior gain) and mitigating factors (youth, guilty plea, substance and mental-health issues), imposed consecutive and concurrent terms that aggregate to five years' imprisonment, applied 63 days' remand as time-and-a-half credit per Carvery, and ordered ancillary measures (DNA collection, s.109 firearm prohibition, s.743.21 no-contact endorsement) to address public protection and specific deterrence.

Citation
2016 NSPC 23
Parties
Crown: Her Majesty the Queen; Accused: Daniel Peter Alexander Fizli
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to an aggregate term of five years' imprisonment with remand-time credit applied; ancillary orders including DNA collection, firearms prohibitions, no-contact endorsements, fines and victim surcharges with six years to pay.
Legal Topics
Breach of Probation, Robbery, Possession of Property Obtained by Crime, Remand Credit, DNA Collection Order, Firearms Prohibition, Gladue Considerations, Joint Sentencing Recommendation
Source Language
English
Criminal Law Sentencing Probation Property Crime Breach of Probation Robbery Possession of Property Obtained by Crime Remand Credit +4 more

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Parties

Her Majesty the Queen

Crown

Daniel Peter Alexander Fizli

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is a fit sentence for robbery and related breaches of probation and property offences?
  2. 2 Whether and how to apply remand credit (time-and-a-half)
  3. 3 Weight to give a joint recommendation from Crown and Defence

Ratio Decidendi

The court accepted the joint recommendation as reasonable given the balance of aggravating factors (violent robbery motivated by prior gain) and mitigating factors (youth, guilty plea, substance and mental-health issues), imposed consecutive and concurrent terms that aggregate to five years' imprisonment, applied 63 days' remand as time-and-a-half credit per Carvery, and ordered ancillary measures (DNA collection, s.109 firearm prohibition, s.743.21 no-contact endorsement) to address public protection and specific deterrence.

Court Disposition

Accused sentenced to an aggregate term of five years' imprisonment with remand-time credit applied; ancillary orders including DNA collection, firearms prohibitions, no-contact endorsements, fines and victim surcharges with six years to pay.

Orders

  • Case #2928009 (summary breach of probation): 2 months' imprisonment; $10 fine; $3 victim surcharge; six years to pay.
  • Case #2947750 (summary breach of probation): 2 months' imprisonment consecutive to #2928009; $10 fine; $3 victim surcharge; six years to pay.