R. v. M.C.R.

R. v. M.C.R.

The court accepted the jointly recommended sentence as being within the appropriate range after applying Criminal Code s.718 principles, considering the offender's age, background, remorse, risk of reoffending and rehabilitation prospects, and ordered a six year sentence less two years credit to be served in a youth...

Source-derived case information.

Citation
2004 NSSC 10
Parties
Crown: Her Majesty The Queen; Defendant: M.C.R.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 January 2004
Procedural Posture
Criminal Attempted Murder / Sentencing
Outcome
Sentence imposed: six years imprisonment less two years credit for time served; to be served in a youth custody facility pursuant to the Youth Criminal Justice Act; DNA and firearms orders granted; publication restrictions on specified reports.
Legal Topics
Attempted Murder, Youth Custody, Joint Recommendation, Sentencing Principles, Pre Sentence Report, DNA Order, Firearms Prohibition, Publication Ban
Source Language
english
Criminal Law Youth Justice Sentencing Attempted Murder Youth Custody Joint Recommendation Sentencing Principles Pre Sentence Report +3 more

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Parties

Her Majesty The Queen

Crown

M.C.R.

Defendant

Procedural Posture

Criminal Attempted Murder / Sentencing

Legal Issues

  1. 1 Whether the court should accept a jointly recommended sentence
  2. 2 Appropriate length and nature of sentence for a youth convicted of attempted murder
  3. 3 Whether sentence should be served in youth custody under the Youth Criminal Justice Act s.76

Ratio Decidendi

The court accepted the jointly recommended sentence as being within the appropriate range after applying Criminal Code s.718 principles, considering the offender's age, background, remorse, risk of reoffending and rehabilitation prospects, and ordered a six year sentence less two years credit to be served in a youth custody facility under the Youth Criminal Justice Act, with DNA and firearms orders granted.

Court Disposition

Sentence imposed: six years imprisonment less two years credit for time served; to be served in a youth custody facility pursuant to the Youth Criminal Justice Act; DNA and firearms orders granted; publication restrictions on specified reports.

Orders

  • Sentence of six years imposed with credit of two years for time served
  • Order that sentence be served in a youth custody facility pursuant to s.76 of the Youth Criminal Justice Act