R. v. Bremner

R. v. Bremner

Uncrystallized particulars of plea bargaining were inadmissible at sentencing; the appropriate sentence must be determined on the facts before the court applying sentencing principles (proportionality, aggravating factors, parity and totality); given the offender's lengthy record, role in trafficking into prison and...

Source-derived case information.

Citation
2006 NSSC 367
Parties
Crown: Her Majesty the Queen; Accused: Brian James Bremner (Marriott)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 November 2006
Procedural Posture
Criminal / Sentencing
Outcome
Plea bargaining particulars inadmissible; sentence imposed: four years' imprisonment consecutive to previous sentence; lifetime firearms ban imposed
Legal Topics
Possession for Purpose of Trafficking, Trafficking Into Prison, Plea Bargaining Admissibility, Consecutive Vs Concurrent Sentences, Aggravating Factors, Parity of Sentences, Deterrence and Denunciation
Source Language
english
Criminal Law Sentencing Drugs Law Evidence Law Possession for Purpose of Trafficking Trafficking Into Prison Plea Bargaining Admissibility Consecutive Vs Concurrent Sentences +3 more

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Parties

Her Majesty the Queen

Crown

Brian James Bremner (Marriott)

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether particulars of plea bargaining and earlier negotiations are admissible at sentencing
  2. 2 Appropriate sentence for possession of cocaine for the purpose of trafficking into prison
  3. 3 Whether sentence should be consecutive or concurrent to prior sentence

Ratio Decidendi

Uncrystallized particulars of plea bargaining were inadmissible at sentencing; the appropriate sentence must be determined on the facts before the court applying sentencing principles (proportionality, aggravating factors, parity and totality); given the offender's lengthy record, role in trafficking into prison and failure of prior sentences to deter, a custodial sentence of four years consecutive to prior sentence was warranted, with a lifetime firearms ban.

Court Disposition

Plea bargaining particulars inadmissible; sentence imposed: four years' imprisonment consecutive to previous sentence; lifetime firearms ban imposed

Orders

  • Plea bargaining evidence relating to earlier plea declared inadmissible
  • Four years imprisonment to be served consecutive to offender's last sentence