R. v. Smith

R. v. Smith

The court accepted the jointly recommended sentence because it fell within an acceptable range for a youthful, first-time offender combining firearm and trafficking offences, having regard to mitigation (youth, lack of record, guilty plea, assistance), statutory principles (ss.718-718.2), relevant case law, and the mandatory application of firearms prohibition and forfeiture, and therefore imposed two years custody and 12 months probation with the requested firearms prohibition and forfeiture orders.

Citation
2014 NSSC 124
Parties
Crown: Her Majesty the Queen (Provincial Crown); Crown: Her Majesty the Queen (Federal Crown); Accused: Dylan Robert Smith
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 March 2014
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Sentence imposed: two years imprisonment in a federal penitentiary followed by 12 months probation; mandatory firearms prohibition and forfeiture ordered; specified remaining counts dismissed for want of prosecution.
Legal Topics
Possession of Weapon, Possession of Firearm Without Licence, Possession of Firearm Obtained by Offence, Storage of Firearm, Trafficking (cannabis), Firearms Prohibition Order, Forfeiture, Joint Recommendation on Sentence, Youthful Offender
Source Language
English
Criminal Law Firearms Law Drug Offences Sentencing Possession of Weapon Possession of Firearm Without Licence Possession of Firearm Obtained by Offence Storage of Firearm +5 more

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Parties

Her Majesty the Queen (Provincial Crown)

Crown

Her Majesty the Queen (Federal Crown)

Crown

Dylan Robert Smith

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether to accept the joint recommendation on sentence
  2. 2 Appropriate custodial term for combined firearm and trafficking offences involving a youthful, first-time offender
  3. 3 Whether mandatory firearms prohibition and forfeiture orders apply

Ratio Decidendi

The court accepted the jointly recommended sentence because it fell within an acceptable range for a youthful, first-time offender combining firearm and trafficking offences, having regard to mitigation (youth, lack of record, guilty plea, assistance), statutory principles (ss.718-718.2), relevant case law, and the mandatory application of firearms prohibition and forfeiture, and therefore imposed two years custody and 12 months probation with the requested firearms prohibition and forfeiture orders.

Court Disposition

Sentence imposed: two years imprisonment in a federal penitentiary followed by 12 months probation; mandatory firearms prohibition and forfeiture ordered; specified remaining counts dismissed for want of prosecution.

Orders

  • Two years imprisonment in a federal penitentiary (global sentence)
  • Probation for 12 months with statutory conditions and additional conditions: abstain from owning,possession or carrying weapons; abstain from non-prescription drugs; make reasonable efforts to obtain/maintain employment or education; attend assessment,counselling or programs and cooperate as directed by probation...