R. v. Maloney

R. v. Maloney

The Court accepted the joint submission after applying Gladue/Ipeelee considerations (with reduced mitigating weight because the offences were enterprise-level and serious), declined to characterize the offences as criminal-organization offences under ss.2 and 467.1, awarded 129 days remand credit, waived victim...

Source-derived case information.

Citation
2013 NSPC 46
Parties
Prosecution: Her Majesty the Queen; Defendant: Stephen Joseph Dakota Maloney
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 April 2013
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Guilty pleas accepted; defendant sentenced to custody with an aggregate effective term of 2 years, 7 months and 20 days; victim surcharges waived; DNA collection order made; remand credit applied.
Legal Topics
Theft, Property Damage, Organized Crime, Gladue/ipeelee Principles, Joint Submission, Remand Credit, DNA Collection Order, Victim Surcharge Waiver
Source Language
english
Criminal Law Sentencing Aboriginal Law Theft Property Damage Organized Crime Gladue/ipeelee Principles Joint Submission +3 more

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Parties

Her Majesty the Queen

Prosecution

Stephen Joseph Dakota Maloney

Defendant

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Whether to accept and give effect to the joint sentencing submission
  2. 2 Proper sentence length and structure including consecutive versus concurrent terms
  3. 3 Application of Gladue and Ipeelee principles to an Aboriginal offender

Ratio Decidendi

The Court accepted the joint submission after applying Gladue/Ipeelee considerations (with reduced mitigating weight because the offences were enterprise-level and serious), declined to characterize the offences as criminal-organization offences under ss.2 and 467.1, awarded 129 days remand credit, waived victim surcharges, ordered a secondary-designated-offence DNA collection for case 2532903, and imposed aggregate custody totalling two years, seven months and twenty days with specified consecutive and concurrent components.

Court Disposition

Guilty pleas accepted; defendant sentenced to custody with an aggregate effective term of 2 years, 7 months and 20 days; victim surcharges waived; DNA collection order made; remand credit applied.

Orders

  • Waive victim-surcharge amounts in relation to all charges.
  • Order a secondary-designated-offence DNA collection in relation to case #2532903 (s.334(a)).