R. v. McInnis

R. v. McInnis

Court accepted the joint recommendation and sentenced the accused to time served (one year and two weeks) on s.423.1(b), imposed the mandatory minimum three years custody for the s.95(1) weapons offence starting immediately, imposed 30 days for the s.145(3) breach to be served concurrently, granted the s.109 order and s.487 DNA order, and waived victim fine surcharges.

Citation
2012 NSSC 126
Parties
Crown: Her Majesty the Queen; Accused: Tylor Donovan McInnis
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 March 2012
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced: time served on s.423.1(b); three years custody on s.95(1) (mandatory minimum) commencing immediately; 30 days on s.145(3) to be served concurrently; s.109 and s.487 orders granted; victim fine surcharge waived.
Legal Topics
Mandatory Minimum, Time Served, Concurrent Sentences, Victim Fine Surcharge Waiver, Section 109 Recognizance Order, Section 487 DNA Order, Section 95(1) Weapons, Section 423.1(b) Offence
Source Language
English
Criminal Law Sentencing Weapons Offences Breach of Recognizance DNA Orders Mandatory Minimum Time Served Concurrent Sentences +5 more

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Parties

Her Majesty the Queen

Crown

Tylor Donovan McInnis

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for weapons offence subject to mandatory minimum
  2. 2 Whether to follow joint recommendation of counsel on sentencing
  3. 3 Appropriate penalty for breach of recognizance

Ratio Decidendi

Court accepted the joint recommendation and sentenced the accused to time served (one year and two weeks) on s.423.1(b), imposed the mandatory minimum three years custody for the s.95(1) weapons offence starting immediately, imposed 30 days for the s.145(3) breach to be served concurrently, granted the s.109 order and s.487 DNA order, and waived victim fine surcharges.

Court Disposition

Sentenced: time served on s.423.1(b); three years custody on s.95(1) (mandatory minimum) commencing immediately; 30 days on s.145(3) to be served concurrently; s.109 and s.487 orders granted; victim fine surcharge waived.

Orders

  • Sentence of time served (one year and two weeks) on s.423.1(b)
  • Three years custody on s.95(1) commencing on date of sentence (mandatory minimum)