R. v. Mercer

R. v. Mercer

Applying the Nur/Lloyd framework the court determined a $500 fine is within the bottom of the appropriate sentencing range for the offence given Parliament’s objectives in Bill C‑36 and the local facts (Operation John Be Gone); the mandatory minimum is not grossly disproportionate to the offender or to reasonably foreseeable offenders and therefore does not violate s.12; the mandatory $500 fine was imposed and a DNA order was authorized.

Citation
2017 NSPC 20
Parties
Prosecution: Her Majesty the Queen; Accused: John Russell Mercer
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 April 2017
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; conviction entered; sentence imposed
Legal Topics
Mandatory Minimum Sentence, Cruel and Unusual Punishment S.12, Prostitution Offences Bill C 36, Entrapment/stay Applications, DNA Order
Source Language
English
Criminal Law Constitutional Law Charter Litigation Sentencing Law Mandatory Minimum Sentence Cruel and Unusual Punishment S.12 Prostitution Offences Bill C 36 Entrapment/stay Applications +1 more

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Parties

Her Majesty the Queen

Prosecution

John Russell Mercer

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the mandatory minimum $500 fine for communicating for the purpose of obtaining sexual services (s.286.1(1)) violates s.12 of the Charter as cruel and unusual punishment
  2. 2 Whether the mandatory minimum is grossly disproportionate to this offender and to reasonably foreseeable hypothetical offenders
  3. 3 Whether the provincial court may determine the constitutionality of the mandatory minimum provision in this sentencing proceeding

Ratio Decidendi

Applying the Nur/Lloyd framework the court determined a $500 fine is within the bottom of the appropriate sentencing range for the offence given Parliament’s objectives in Bill C‑36 and the local facts (Operation John Be Gone); the mandatory minimum is not grossly disproportionate to the offender or to reasonably foreseeable offenders and therefore does not violate s.12; the mandatory $500 fine was imposed and a DNA order was authorized.

Court Disposition

Guilty plea accepted; conviction entered; sentence imposed

Orders

  • Impose mandatory minimum fine of $500
  • Order for collection of the accused's DNA