R. v. Laffin

R. v. Laffin

The appropriate sentence is determined by established sentencing principles and comparative case law and must be imposed concurrent to the existing life sentence; the Crown's proposed 12 years exceeded the comparable range for the offences pleaded and the Court imposed concurrent sentences resulting in a nine-year federal sentence on a go-forward basis with limited remand credit and ancillary orders.

Citation
2013 NSSC 136
Parties
Crown: Her Majesty the Queen; Accused: Steven Elliott Laffin
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 April 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convictions recorded on guilty pleas; attempted murder count dismissed for want of prosecution; total effective sentence nine years incarceration to be served in a federal institution concurrent to existing life sentence; ancillary orders imposed.
Legal Topics
Concurrent Sentencing, Remand Credit, Victim Fine Surcharge, DNA Order, Parole Eligibility, Denunciation and Deterrence, Rehabilitation
Source Language
English
Criminal Law Sentencing Sexual Offences Assault Kidnapping Unlawful Confinement Weapons Prohibition Concurrent Sentencing +6 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Steven Elliott Laffin

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for kidnapping, aggravated assault, uttering threats and unlawful confinement
  2. 2 Whether sentences can run consecutive to an existing life sentence
  3. 3 Appropriate remand credit

Ratio Decidendi

The appropriate sentence is determined by established sentencing principles and comparative case law and must be imposed concurrent to the existing life sentence; the Crown's proposed 12 years exceeded the comparable range for the offences pleaded and the Court imposed concurrent sentences resulting in a nine-year federal sentence on a go-forward basis with limited remand credit and ancillary orders.

Court Disposition

Convictions recorded on guilty pleas; attempted murder count dismissed for want of prosecution; total effective sentence nine years incarceration to be served in a federal institution concurrent to existing life sentence; ancillary orders imposed.

Orders

  • Kidnapping: 4 years custody (concurrent)
  • Aggravated assault: 9 years custody (concurrent)