R. v. McCormick

R. v. McCormick

The mandatory minimum in s.95(2) required a three-year sentence for possession of a loaded restricted firearm; the judge imposed three years on that count, concurrent one-year sentences on counts 2, 3 and 5, and a consecutive 150-day sentence for the threat to police (with 116 days remand credit on a 1:1 basis); the court ordered DNA sampling and a lifetime firearms prohibition because the offences undermined public peace and required denunciation and deterrence.

Citation
2012 NSSC 150
Parties
Crown: Her Majesty the Queen; Accused: Daren Wayne McCormick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 April 2012
Procedural Posture
Criminal / Sentencing (oral Decision)
Outcome
Convictions affirmed and sentenced: custody imposed and ancillary orders
Legal Topics
Firearms Offences, Threat to Police, Mandatory Minimum Sentence, Concurrent and Consecutive Sentencing, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Firearms Law Sentencing Firearms Offences Threat to Police Mandatory Minimum Sentence Concurrent and Consecutive Sentencing DNA Order +1 more

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Parties

Her Majesty the Queen

Crown

Daren Wayne McCormick

Accused

Procedural Posture

Criminal / Sentencing (oral Decision)

Legal Issues

  1. 1 Whether mandatory minimum under s.95(2) applies to possession of a loaded restricted firearm without a licence
  2. 2 Appropriate totality and structuring of concurrent and consecutive sentences
  3. 3 Application of s.718.2(c) considerations in sentencing

Ratio Decidendi

The mandatory minimum in s.95(2) required a three-year sentence for possession of a loaded restricted firearm; the judge imposed three years on that count, concurrent one-year sentences on counts 2, 3 and 5, and a consecutive 150-day sentence for the threat to police (with 116 days remand credit on a 1:1 basis); the court ordered DNA sampling and a lifetime firearms prohibition because the offences undermined public peace and required denunciation and deterrence.

Court Disposition

Convictions affirmed and sentenced: custody imposed and ancillary orders

Orders

  • Count 4 (possession of a loaded restricted firearm without licence, s.95(1)(a)): three years imprisonment (mandatory under s.95(2))
  • Counts 2, 3 and 5: one year imprisonment each, concurrent to each other and to the count 4 sentence