R. v. Mombourquette

R. v. Mombourquette

The court, exercising sentencing discretion, accepted the joint recommendation and imposed a three‑year term of imprisonment to be served consecutive to any current sentence, imposed a lifetime firearms prohibition under s.109 and ordered a DNA sample; the sentence was imposed despite the judge's reluctance because of the joint recommendation and the accused's record and circumstances.

Citation
2013 NSSC 395
Parties
Crown: Her Majesty the Queen; Accused: Brandon Mombourquette
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 November 2013
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea to s.95(a); sentenced to three years' incarceration consecutive to any sentence presently being served; lifetime firearms prohibition under s.109; DNA sample order; remaining counts withdrawn; remanded to a provincial institution.
Legal Topics
Joint Recommendation, Consecutive Sentence, S.109 Firearms Prohibition, DNA Sample Order, Withdrawal of Counts, Remand to Provincial Institution
Source Language
English
Criminal Law Sentencing Firearms Prohibition DNA Order Joint Recommendation Consecutive Sentence S.109 Firearms Prohibition DNA Sample Order +2 more

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Parties

Her Majesty the Queen

Crown

Brandon Mombourquette

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept a joint recommendation on sentence
  2. 2 Appropriate length and concurrency/consecutiveness of sentence
  3. 3 Imposition of a lifetime firearms prohibition under s.109

Ratio Decidendi

The court, exercising sentencing discretion, accepted the joint recommendation and imposed a three‑year term of imprisonment to be served consecutive to any current sentence, imposed a lifetime firearms prohibition under s.109 and ordered a DNA sample; the sentence was imposed despite the judge's reluctance because of the joint recommendation and the accused's record and circumstances.

Court Disposition

Guilty plea to s.95(a); sentenced to three years' incarceration consecutive to any sentence presently being served; lifetime firearms prohibition under s.109; DNA sample order; remaining counts withdrawn; remanded to a provincial institution.

Orders

  • Sentence of three years' incarceration consecutive to any sentence currently being served
  • Lifetime prohibition on possessing firearms, ammunition or explosives under s.109