R. v. Dykeman

R. v. Dykeman

Given the gravity of robbery with an imitation firearm and need for denunciation and deterrence, but weighed against the offender's lack of prior record, guilty plea, remorse, substance dependence and cultural assessment context, a fit sentence is 28 months imprisonment for robbery with concurrent 90 day sentences for the weapons offences; pre-sentence custody credit of 1.5 days for every day served (687 days) applies, leaving 164 days to be served. Ancillary orders for DNA, a weapon prohibition and restitution were ordered.

Citation
2019 NSSC 361
Parties
Crown: Her Majesty the Queen; Defendant: Bryan Anthony Dykeman
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 December 2019
Procedural Posture
Criminal / Sentencing
Outcome
Sentence imposed: 28 months imprisonment for robbery; 90 days imprisonment concurrent on each weapons offence; pre-sentence custody credit 687 days (1.5:1) leaving 164 days to serve; ancillary orders for DNA, weapon prohibition and restitution.
Legal Topics
Robbery, Possession of a Weapon, Concealed Weapon, Pre Sentence Custody Credit, Restitution, Cultural Impact Assessment, Denunciation and Deterrence
Source Language
English
Criminal Law Sentencing Weapons Offences Firearms Act Robbery Possession of a Weapon Concealed Weapon Pre Sentence Custody Credit +3 more

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Parties

Her Majesty the Queen

Crown

Bryan Anthony Dykeman

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery with an imitation firearm
  2. 2 Appropriate pre-sentence custody credit and calculation
  3. 3 Weight to give a Cultural Impact Assessment and systemic discrimination in mitigation

Ratio Decidendi

Given the gravity of robbery with an imitation firearm and need for denunciation and deterrence, but weighed against the offender's lack of prior record, guilty plea, remorse, substance dependence and cultural assessment context, a fit sentence is 28 months imprisonment for robbery with concurrent 90 day sentences for the weapons offences; pre-sentence custody credit of 1.5 days for every day served (687 days) applies, leaving 164 days to be served. Ancillary orders for DNA, a weapon prohibition and restitution were ordered.

Court Disposition

Sentence imposed: 28 months imprisonment for robbery; 90 days imprisonment concurrent on each weapons offence; pre-sentence custody credit 687 days (1.5:1) leaving 164 days to serve; ancillary orders for DNA, weapon prohibition and restitution.

Orders

  • 28 months imprisonment for robbery (conviction on s.344(1)(b))
  • 90 days imprisonment concurrent for carrying a weapon for a dangerous purpose (s.88(2))