R. v. Clayton

R. v. Clayton

The appropriate sentence for the s.244.2 offence is six years imprisonment, to be served concurrently with other counts, with remand credit of 27 months and 12 days (applied on a 1.5:1 basis), because denunciation and deterrence require a substantial sentence but must be balanced with proportionality, the offender's youth, limited prior record and rehabilitation prospects; ancillary orders imposed include a 10 year mandatory weapons prohibition and a DNA order; victim surcharge waived.

Citation
2013 NSPC 94
Parties
Crown: Her Majesty the Queen; Accused: Kojo Clayton
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 October 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on five counts; sentenced to six years imprisonment on s.244.2 (Count 16) with concurrent sentences on remaining counts; remand credit applied; ancillary orders imposed; victim surcharge waived.
Legal Topics
Reckless Discharge of Firearm, Concurrent Sentencing, Remand Credit, Weapons Prohibition, DNA Order, Careless Storage, Illegal Possession
Source Language
English
Criminal Law Sentencing Firearms Offences Reckless Discharge of Firearm Concurrent Sentencing Remand Credit Weapons Prohibition DNA Order +2 more

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Parties

Her Majesty the Queen

Crown

Kojo Clayton

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for s.244.2 reckless discharge of a firearm
  2. 2 Application and quantum of remand credit
  3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

The appropriate sentence for the s.244.2 offence is six years imprisonment, to be served concurrently with other counts, with remand credit of 27 months and 12 days (applied on a 1.5:1 basis), because denunciation and deterrence require a substantial sentence but must be balanced with proportionality, the offender's youth, limited prior record and rehabilitation prospects; ancillary orders imposed include a 10 year mandatory weapons prohibition and a DNA order; victim surcharge waived.

Court Disposition

Convicted on five counts; sentenced to six years imprisonment on s.244.2 (Count 16) with concurrent sentences on remaining counts; remand credit applied; ancillary orders imposed; victim surcharge waived.

Orders

  • Sentence for s.244.2 (intentional discharge of a firearm while being reckless as to life or safety) – 6 years imprisonment, concurrent with other counts, less remand credit of 27 months and 12 days
  • Careless storage (s.86(2) – Count 1) – 18 months, concurrent