R. v. Patton

R. v. Patton

Balancing deterrence and denunciation with the offender's personal circumstances and the specific facts of the offence, the court held that a conditional sentence was inappropriate given the concealment and alteration of the handgun (serial number removed) and other aggravating features, but that an overly harsh sentence to 'make an example' would be unjustified; accordingly a custodial sentence of 4 months, followed by 2 years probation, a 10-year weapons prohibition under s.109 and forfeiture of the firearm was appropriate.

Citation
2010 NSPC 34
Parties
Crown: Her Majesty the Queen; Defendant: Harold Patton
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 April 2010
Procedural Posture
Criminal Unauthorized Possession of a Firearm (criminal Code S.92(1)) / Sentencing Decision
Outcome
Convicted; sentence imposed
Legal Topics
Unauthorized Possession of a Firearm, General Deterrence, Conditional Sentence, Probation, Forfeiture, Weapons Prohibition
Source Language
English
Criminal Law Firearms Offences Sentencing Unauthorized Possession of a Firearm General Deterrence Conditional Sentence Probation Forfeiture +1 more

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Parties

Her Majesty the Queen

Crown

Harold Patton

Defendant

Procedural Posture

Criminal Unauthorized Possession of a Firearm (criminal Code S.92(1)) / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for unauthorized possession of a firearm under s.92(1)
  2. 2 Whether a conditional sentence is available and appropriate
  3. 3 Weight to give general deterrence versus individual circumstances

Ratio Decidendi

Balancing deterrence and denunciation with the offender's personal circumstances and the specific facts of the offence, the court held that a conditional sentence was inappropriate given the concealment and alteration of the handgun (serial number removed) and other aggravating features, but that an overly harsh sentence to 'make an example' would be unjustified; accordingly a custodial sentence of 4 months, followed by 2 years probation, a 10-year weapons prohibition under s.109 and forfeiture of the firearm was appropriate.

Court Disposition

Convicted; sentence imposed

Orders

  • 4 months imprisonment
  • 2 years probation with statutory terms; report to probation services within 5 days of completion of incarceration