R. v. Nurse
The sentencing judge properly considered Duncan credit and the appellant's particularly difficult pre-sentence custody as a strong mitigating factor when imposing the joint sentence; no legal error was demonstrated, therefore the sentence appeal fails.
Source-derived case information.
- Citation
- 2023 ONCA 325
- Parties
- Respondent: His Majesty the King; Appellant: Mark Nurse
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 May 2023
- Procedural Posture
- Criminal / Sentence Appeal
- Outcome
- Leave to appeal sentence granted; sentence appeal dismissed.
- Legal Topics
- Sentencing, Duncan Credit, Pre Sentence Custody, Firearms Offences, Joint Submission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
His Majesty the King
Respondent
Mark Nurse
Appellant
Procedural Posture
Criminal / Sentence Appeal
Legal Issues
- 1 Whether the trial judge failed to grant sufficient Duncan credit for pre-sentence custody
Ratio Decidendi
The sentencing judge properly considered Duncan credit and the appellant's particularly difficult pre-sentence custody as a strong mitigating factor when imposing the joint sentence; no legal error was demonstrated, therefore the sentence appeal fails.
Court Disposition
Leave to appeal sentence granted; sentence appeal dismissed.
Orders
- Leave to appeal sentence granted.
- Sentence appeal dismissed and the sentence imposed on October 14, 2022 is upheld.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Nurse Collection Decisions of the Court of Appeal Date 2023-05-05 Neutral citation 2023 ONCA 325 Docket numbers COA-22-CR-0450 Judges Fairburn, J. Michal; MacPherson, James C.; Zarnett, Benjamin Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Nurse, 2023 ONCA 325 DATE: 20230505 DOCKET: COA-22-CR-0450 Fairburn A.C.J.O., MacPherson and Zarnett JJ.A. BETWEEN His Majesty the King Respondent and Mark Nurse Appellant Mark Nurse, acting in person Amy Ohler, appearing as duty counsel Nicholas Hay, for the respondent Heard and released orally: May 1, 2023 On appeal from the sentence imposed by Justice Lorelei M. Amlin of the Ontario Court of Justice on October 14, 2022. REASONS FOR DECISION [1] The appellant pled guilty to numerous firearm-related offences and a few others. The parties came to the sentencing proceeding with a joint position. The sentence was imposed in accordance with that position. The appellant claims that the trial judge failed to grant sufficient Duncan credit. We disagree. [2] The joint position, as well as the reasons for sentence, clearly reflect that careful attention was paid to the Duncan issue. The sentencing reasons reflect that the particularly difficult circumstances of the appellant’s presentence custody were used as a strong mitigating factor on sentence. This accounts for what is otherwise a very lenient sentence, given the nature of the crimes. [3] Leave to appeal sentence is granted. The sentence appeal is dismissed. “Fairburn A.C.J.O.” “J.C. MacPherson J.A.” “B. Zarnett J.A.”