R. v. Sanford

R. v. Sanford

The court accepted the joint recommendation under the public interest test, found the proposed sentence within range and not contrary to public interest, applied enhanced remand credit (477 days remand credited as approximately 715 days at 1.5:1), imposed a go-forward sentence of 1 year for robbery plus 1 year consecutive for the s.85 firearms offence (total two years), concurrent short terms on breach and possession counts, ordered forfeiture of seized items, made a DNA order and imposed a lifetime s.109 firearms prohibition, and dismissed specified counts where Crown offered no evidence.

Citation
2018 NSSC 336
Parties
Crown: Her Majesty the Queen; Accused: Robert Brian Sanford
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 December 2018
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to two years' imprisonment on a go-forward basis with specified concurrent and consecutive terms; several counts dismissed; ancillary orders imposed.
Legal Topics
Robbery, Imitation Firearm, Possession of Controlled Substances, Breach of Recognizance, Victim Impact, Joint Sentence Recommendation, Remand Credit, Forfeiture, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Firearms Law Controlled Drugs and Substances Robbery Imitation Firearm Possession of Controlled Substances Breach of Recognizance +6 more

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Parties

Her Majesty the Queen

Crown

Robert Brian Sanford

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept a joint recommendation on sentence under the public interest test
  2. 2 Proper quantum of sentence for robbery with an imitation firearm and related offences
  3. 3 Appropriate remand credit calculation

Ratio Decidendi

The court accepted the joint recommendation under the public interest test, found the proposed sentence within range and not contrary to public interest, applied enhanced remand credit (477 days remand credited as approximately 715 days at 1.5:1), imposed a go-forward sentence of 1 year for robbery plus 1 year consecutive for the s.85 firearms offence (total two years), concurrent short terms on breach and possession counts, ordered forfeiture of seized items, made a DNA order and imposed a lifetime s.109 firearms prohibition, and dismissed specified counts where Crown offered no evidence.

Court Disposition

Accused sentenced to two years' imprisonment on a go-forward basis with specified concurrent and consecutive terms; several counts dismissed; ancillary orders imposed.