R. v. Jamieson

R. v. Jamieson

The joint submission was within the permissible range and was accepted; remand credit was declined because the accused had been on bail for related matters; aggravating factors (violent robberies, targeting an ATM user, significant victim impact and commission while on bail) warranted a strongly denunciatory sentence but the accused's age required preservation of rehabilitation prospects, resulting in a five-year global sentence comprised of a four-year sentence for the Connors robbery with a consecutive one-year sentence for the MacKinnon robbery, concurrent short sentences on remaining counts, lifetime DNA and weapons-prohibition orders, a s.743.21 no-contact endorsement and refusal to...

Citation
2013 NSPC 121
Parties
Crown: Her Majesty the Queen; Accused: Ronald William Jamieson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 December 2013
Procedural Posture
Criminal / Sentencing
Outcome
Global sentence imposed: five years imprisonment; DNA collection order for robbery counts; lifetime weapons prohibition; no-contact endorsements; no victim surcharge imposed.
Legal Topics
Guilty Plea Mitigation, Joint Sentence Submission, Remand Credit, Denunciation and Deterrence, Victim Impact, No Contact Endorsement, Victim Surcharge Hardship
Source Language
English
Criminal Law Sentencing Robbery Weapons Prohibition DNA Orders Bail/remand Guilty Plea Mitigation Joint Sentence Submission +5 more

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Parties

Her Majesty the Queen

Crown

Ronald William Jamieson

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether remand credit should be awarded given prior bail status
  2. 2 Whether the joint submission is within the permissible range and should be accepted
  3. 3 Appropriate total sentence given aggravating and mitigating factors

Ratio Decidendi

The joint submission was within the permissible range and was accepted; remand credit was declined because the accused had been on bail for related matters; aggravating factors (violent robberies, targeting an ATM user, significant victim impact and commission while on bail) warranted a strongly denunciatory sentence but the accused's age required preservation of rehabilitation prospects, resulting in a five-year global sentence comprised of a four-year sentence for the Connors robbery with a consecutive one-year sentence for the MacKinnon robbery, concurrent short sentences on remaining counts, lifetime DNA and weapons-prohibition orders, a s.743.21 no-contact endorsement and refusal to...

Court Disposition

Global sentence imposed: five years imprisonment; DNA collection order for robbery counts; lifetime weapons prohibition; no-contact endorsements; no victim surcharge imposed.

Orders

  • Count 2658662 (robbery of Connors): 4 years custody (indictable)
  • Count 2660028 (theft s.334): 3 months custody, concurrent