R. v. Garland

R. v. Garland

The court accepted the joint recommendation as within the acceptable sentencing range and imposed concurrent eight-year sentences for robbery and unlawful confinement with 48 months remand credit (resulting in a four-year go-forward term). On the unchallenged expert evidence of Dr. Neilson the court found the s.753.1 criteria satisfied (substantial risk of reoffending and reasonable possibility of community risk control) and therefore designated Garland a long-term offender and ordered eight years of long-term supervision; ancillary orders and recommendations to corrections authorities were also made to manage risk and promote rehabilitation.

Citation
2013 NSPC 27
Parties
Crown: Her Majesty The Queen; Accused: Ross Garland
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 April 2013
Procedural Posture
Criminal Sentencing and Long Term Offender Application / Sentencing Decision (long Term Offender Hearing)
Outcome
Accused found guilty on guilty pleas; sentenced and designated a long-term offender
Legal Topics
Robbery, Unlawful Confinement, Sentencing, Long Term Offender Designation, Remand Credit, Victim Impact, Supervision Order, Ancillary Orders
Source Language
English
Criminal Law Corrections Forensic Psychiatry Robbery Unlawful Confinement Sentencing Long Term Offender Designation Remand Credit +3 more

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Parties

Her Majesty The Queen

Crown

Ross Garland

Accused

Procedural Posture

Criminal Sentencing and Long Term Offender Application / Sentencing Decision (long Term Offender Hearing)

Legal Issues

  1. 1 Whether the jointly recommended sentence is fit and within the acceptable range
  2. 2 Whether the Crown satisfied the s.753.1 Criminal Code criteria for a long-term offender designation (substantial risk of reoffending and reasonable possibility of control in the community)
  3. 3 Appropriate length of long-term supervision

Ratio Decidendi

The court accepted the joint recommendation as within the acceptable sentencing range and imposed concurrent eight-year sentences for robbery and unlawful confinement with 48 months remand credit (resulting in a four-year go-forward term). On the unchallenged expert evidence of Dr. Neilson the court found the s.753.1 criteria satisfied (substantial risk of reoffending and reasonable possibility of community risk control) and therefore designated Garland a long-term offender and ordered eight years of long-term supervision; ancillary orders and recommendations to corrections authorities were also made to manage risk and promote rehabilitation.

Court Disposition

Accused found guilty on guilty pleas; sentenced and designated a long-term offender

Orders

  • Robbery (s.344 C.C.) - 8 years imprisonment
  • Unlawful confinement (s.279(2) C.C.) - 8 years imprisonment concurrent