R. v. Johnson

R. v. Johnson

The judge weighed aggravating factors (planned violent robbery, involvement of a younger brother, gratuitous violence, entry into victim's home) against mitigating factors (first adult offence, guilty plea, remorse, difficult upbringing) and concluded that a custodial sentence of 30 months was proportionate; pre-trial custody credit was acknowledged in reaching that net term and mandatory statutory orders (firearms prohibition and DNA) were imposed.

Citation
2008 NSSC 411
Parties
Crown: Her Majesty the Queen; Defendant: Matthew Johnson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 October 2008
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Defendant found guilty and sentenced to custody.
Legal Topics
Robbery, Sentencing Principles, Pre Trial Custody Credit, Firearms Prohibition, DNA Order, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Robbery Sentencing Principles Pre Trial Custody Credit Firearms Prohibition DNA Order Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Matthew Johnson

Defendant

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 Appropriate sentence for armed robbery with home invasion characteristics
  2. 2 Extent of pre-trial custody credit
  3. 3 Application of sentencing principles in ss.718, 718.1 and 718.2 of the Criminal Code

Ratio Decidendi

The judge weighed aggravating factors (planned violent robbery, involvement of a younger brother, gratuitous violence, entry into victim's home) against mitigating factors (first adult offence, guilty plea, remorse, difficult upbringing) and concluded that a custodial sentence of 30 months was proportionate; pre-trial custody credit was acknowledged in reaching that net term and mandatory statutory orders (firearms prohibition and DNA) were imposed.

Court Disposition

Defendant found guilty and sentenced to custody.

Orders

  • Custodial sentence of 30 months imprisonment.
  • Credit for pre-trial custody acknowledged in arriving at the net 30 month sentence.