R. v. Robicheau

R. v. Robicheau

Court found objective gravity of offences very high but reduced degree of moral blameworthiness because the accused removed the magazine and ammunition and Crown could not prove he brought a loaded firearm into the van; balancing deterrence and mitigation produced a fit sentence at the low end of the 15-24 month range: 15 months imprisonment to be served concurrently (satisfied by enhanced pre-sentence custody of 455 days), followed by two years probation; ancillary s.109 firearms prohibitions and a DNA order were imposed and the victim fine surcharge was waived.

Citation
2021 NSPC 62
Parties
Crown: Her Majesty the Queen; Accused: Raphael Robicheau
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 December 2021
Procedural Posture
Criminal Indictment / Sentencing
Outcome
Guilty pleas accepted; sentence imposed: 15 months imprisonment (ordered concurrent on all counts) deemed satisfied by enhanced pre-sentence custody (455 days); two years probation with specified conditions; s.109 firearms prohibitions imposed; DNA order granted; victim fine surcharge waived.
Legal Topics
Firearms Offences, Mandatory Minimums, Section 12 Charter Challenge, Sentencing Principles, Remand Credit, Ancillary Orders, DNA Orders, Probation
Source Language
English
Criminal Law Firearms Law Sentencing Charter Law Evidence Firearms Offences Mandatory Minimums Section 12 Charter Challenge +5 more

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Parties

Her Majesty the Queen

Crown

Raphael Robicheau

Accused

Procedural Posture

Criminal Indictment / Sentencing

Legal Issues

  1. 1 Whether the mandatory three-year minimum under s.95(2)(a) applies after R v Nur
  2. 2 Appropriate quantum of sentence given aggravating and mitigating factors
  3. 3 Whether offender's degree of moral blameworthiness is reduced by removal of ammunition and lack of proof he brought the firearm into the van

Ratio Decidendi

Court found objective gravity of offences very high but reduced degree of moral blameworthiness because the accused removed the magazine and ammunition and Crown could not prove he brought a loaded firearm into the van; balancing deterrence and mitigation produced a fit sentence at the low end of the 15-24 month range: 15 months imprisonment to be served concurrently (satisfied by enhanced pre-sentence custody of 455 days), followed by two years probation; ancillary s.109 firearms prohibitions and a DNA order were imposed and the victim fine surcharge was waived.

Court Disposition

Guilty pleas accepted; sentence imposed: 15 months imprisonment (ordered concurrent on all counts) deemed satisfied by enhanced pre-sentence custody (455 days); two years probation with specified conditions; s.109 firearms prohibitions imposed; DNA order granted; victim fine surcharge waived.

Orders

  • Impose 15 months imprisonment on s.95(1) offence and concurrent 15 months on offences contrary to ss.86(1), 90(1), 92(1), 94(1), 117.01(1) of the Criminal Code (custody satisfied by enhanced pre-sentence credit/time served)
  • Two years probation from date of order with conditions including keep the peace, appear as required, notify of changes, report to probation within two days, remain in Nova Scotia unless permitted, no possession of firearms or ammunition, 40 hours community service by June 22, 2023, no contact or proximity to Andrew...