R. v. Holloway
The trial judge's omission of the mandatory firearms prohibition required by s.109(2) upon conviction under s.264 was an error that the Court of Appeal must correct; accordingly the appeal is allowed and the statutory prohibition orders are imposed as specified.
Source-derived case information.
- Citation
- 2010 NLCA 54
- Parties
- Appellant: Her Majesty the Queen; Respondent: Byron Holloway
- Court
- Newfoundland and Labrador Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 September 2010
- Procedural Posture
- Criminal Appeal / Appellate Disposition on Sentencing Error
- Outcome
- Appeal allowed in part; mandatory firearms prohibition orders imposed in addition to the original sentence; original sentence otherwise unaffected.
- Legal Topics
- Mandatory Firearms Prohibition, Section 264, Section 109(2), Correction of Sentencing Error on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Appellant
Byron Holloway
Respondent
Procedural Posture
Criminal Appeal / Appellate Disposition on Sentencing Error
Legal Issues
- 1 Whether the trial judge erred by failing to impose the mandatory firearms prohibition required by s.109(2) following a conviction under s.264 of the Criminal Code
- 2 Whether the Court of Appeal may grant the relief sought despite the respondent's absence where counsel consented to the appeal
Ratio Decidendi
The trial judge's omission of the mandatory firearms prohibition required by s.109(2) upon conviction under s.264 was an error that the Court of Appeal must correct; accordingly the appeal is allowed and the statutory prohibition orders are imposed as specified.
Court Disposition
Appeal allowed in part; mandatory firearms prohibition orders imposed in addition to the original sentence; original sentence otherwise unaffected.
Orders
- Byron Holloway is prohibited from possessing any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance for a period of ten years beginning on the date of this order.
- Byron Holloway is prohibited for life from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition.
Full Case Text
Judgment text and source record
1 paragraphs
Date: 20100916 Docket: 10/83 Citation: R. v. Holloway 2010 NLCA 54 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN: HER MAJESTY THE QUEEN APPELLANT AND: BYRON HOLLOWAY RESPONDENT Coram: Wells, White and Harrington, JJ.A. Court Appealed From: Provincial Court of Newfoundland and Labrador Judicial Centre at Clarenville Appeal Heard: September 14, 2010 Judgment Rendered: September 14, 2010 Memorandum of Disposition Filed: September 16, 2010 Reasons for Judgment by Wells, J.A. Counsel for the Appellant: Stephen R. Dawson The Respondent not appearing and not represented MEMORANDUM OF DISPOSITION Wells, J.A.: [1] On March 28, 2010 the respondent was convicted on three charges under the Criminal Code, including breach of section 264. A court convicting a person under section 264 is required by section 109 to impose, Page: 2 in addition to any other sentence imposed, a firearms prohibition order in accordance with subsection 109(2). The trial judge failed to impose such an order when convicting the respondent. [2] The respondent was not present or represented at the hearing but Crown counsel filed a copy of a letter, from the respondent’s counsel, consenting to the appeal. Accordingly, leave to appeal is granted, the appeal is allowed and, in addition to the sentence imposed by the trial judge, it is ordered that Byron Holloway is prohibited from possessing; (i) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that begins on the date of this order and ends ten years after, and (ii) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life. [3] The sentence imposed by the trial judge is not otherwise affected. C. K. Wells, J.A.