R. v. Roach

R. v. Roach

Applying s.745.4 factors and s.718–718.2 principles, the court found that the offence (planned home invasion, use of an unregistered firearm, resulting in death) and the offender's characteristics (youth, limited violent record, intoxication, guilty plea) warranted a 13-year parole ineligibility period; remand credit of 27 months reduced the effective time to 10 years 8 months; aggravated assault sentenced to eight years concurrent; robbery count dismissed.

Citation
2014 NSSC 328
Parties
Crown: Her Majesty the Queen; Defendant: Dylan Peter Roach
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 September 2014
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas entered; life sentence imposed for second degree murder with parole ineligibility fixed at 13 years; effective custodial time after 27-month remand credit equals 10 years 8 months; aggravated assault sentenced to 8 years concurrent; robbery charge dismissed for want of prosecution; mandatory ancillary...
Legal Topics
Murder, Aggravated Assault, Parole Ineligibility, Remand Credit, Firearms Prohibition, Forfeiture, Victim Impact
Source Language
English
Criminal Law Sentencing Law Murder Aggravated Assault Parole Ineligibility Remand Credit Firearms Prohibition Forfeiture +1 more

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Parties

Her Majesty the Queen

Crown

Dylan Peter Roach

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate period of parole ineligibility under s.745.4 for second degree murder
  2. 2 Assessment of aggravating and mitigating factors for sentencing
  3. 3 Credit for time spent in remand/pretrial custody

Ratio Decidendi

Applying s.745.4 factors and s.718–718.2 principles, the court found that the offence (planned home invasion, use of an unregistered firearm, resulting in death) and the offender's characteristics (youth, limited violent record, intoxication, guilty plea) warranted a 13-year parole ineligibility period; remand credit of 27 months reduced the effective time to 10 years 8 months; aggravated assault sentenced to eight years concurrent; robbery count dismissed.

Court Disposition

Guilty pleas entered; life sentence imposed for second degree murder with parole ineligibility fixed at 13 years; effective custodial time after 27-month remand credit equals 10 years 8 months; aggravated assault sentenced to 8 years concurrent; robbery charge dismissed for want of prosecution; mandatory ancillary...

Orders

  • Life imprisonment with parole ineligibility period of 13 years
  • Credit for 27 months remand time