R. v. Holland

R. v. Holland

The court accepted the joint sentencing recommendation because, applying Anthony-Cook, the proposed five-year global sentence (five years on the s.95(1) firearm count, with 3.5 years concurrent on the s.5(2) CDSA count) did not bring the administration of justice into disrepute and was proportionate given the facts,...

Source-derived case information.

Citation
2017 NSSC 148
Parties
Crown: Her Majesty the Queen; Accused: Tyrell John Holland
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
Accused pleaded guilty; sentenced to an effective five years' imprisonment; pre-trial custody credit applied; ancillary orders imposed; victim fine surcharge ordered.
Legal Topics
Possession for Purpose of Trafficking, Possession of Firearm With Ammunition, Joint Sentencing Recommendation, Pre Trial Custody Credit, Ancillary Orders, Guilty Plea, Aggravating and Mitigating Factors
Source Language
english
Criminal Law Controlled Drugs and Substances Act Firearms Law Sentencing Possession for Purpose of Trafficking Possession of Firearm With Ammunition Joint Sentencing Recommendation Pre Trial Custody Credit +3 more

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Parties

Her Majesty the Queen

Crown

Tyrell John Holland

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept a joint sentencing recommendation under the Anthony-Cook test
  2. 2 Appropriate sentence for s.95(1) firearm offence
  3. 3 Appropriate sentence for s.5(2) CDSA possession for purpose of trafficking

Ratio Decidendi

The court accepted the joint sentencing recommendation because, applying Anthony-Cook, the proposed five-year global sentence (five years on the s.95(1) firearm count, with 3.5 years concurrent on the s.5(2) CDSA count) did not bring the administration of justice into disrepute and was proportionate given the facts, the offender's prior convictions, mitigating factors in the pre-sentence report and the guilty plea; the court awarded 63 days pre-trial custody credit (1.5 factor on 42 days) and imposed ancillary orders (forfeiture, DNA, lifetime firearms prohibition) and a $400 victim fine surcharge.

Court Disposition

Accused pleaded guilty; sentenced to an effective five years' imprisonment; pre-trial custody credit applied; ancillary orders imposed; victim fine surcharge ordered.

Orders

  • Sentence of five years' imprisonment on the s.95(1) Criminal Code offence
  • Sentence of three and a half years' imprisonment on the s.5(2) CDSA offence, to be served concurrently with the s.95(1) sentence