R. v. Smith

R. v. Smith

Given the seriousness of the offence, the public danger caused by a shooting at a hospital, the offender's active role and criminal record, aggravating factors outweigh mitigations; a fit sentence is 10 years imprisonment commencing on the date of arrest (27 months prior), with one-for-one remand credit applied, and ancillary orders for DNA sample and lifetime firearm prohibition.

Citation
2011 NSSC 413
Parties
Crown: Her Majesty the Queen; Defendant: Shaun Ryan Smith
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 May 2011
Procedural Posture
Criminal Sentencing for Conspiracy to Commit Murder / Sentencing Hearing
Outcome
Convicted on guilty plea to conspiracy to commit murder; sentenced to 10 years imprisonment commencing on date of arrest (27 months prior); DNA sample and lifetime firearms prohibition ordered.
Legal Topics
Conspiracy to Commit Murder, Attempted Murder, Sentencing Principles, Aggravating and Mitigating Factors, Remand Credit, DNA Order, Firearm Prohibition
Source Language
English
Criminal Law Sentencing Conspiracy to Commit Murder Attempted Murder Sentencing Principles Aggravating and Mitigating Factors Remand Credit DNA Order +1 more

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Parties

Her Majesty the Queen

Crown

Shaun Ryan Smith

Defendant

Procedural Posture

Criminal Sentencing for Conspiracy to Commit Murder / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for participation in conspiracy to commit murder resulting in shooting in a public place
  2. 2 Weight to be given to aggravating and mitigating factors including youth and guilty plea
  3. 3 Application of remand credit

Ratio Decidendi

Given the seriousness of the offence, the public danger caused by a shooting at a hospital, the offender's active role and criminal record, aggravating factors outweigh mitigations; a fit sentence is 10 years imprisonment commencing on the date of arrest (27 months prior), with one-for-one remand credit applied, and ancillary orders for DNA sample and lifetime firearm prohibition.

Court Disposition

Convicted on guilty plea to conspiracy to commit murder; sentenced to 10 years imprisonment commencing on date of arrest (27 months prior); DNA sample and lifetime firearms prohibition ordered.

Orders

  • 10 years imprisonment commencing on date of arrest (27 months prior)
  • Remand credit applied by fixing sentence start date to date of arrest (27 months)