R. v. MacLeod

R. v. MacLeod

The court accepted the joint recommendation as reasonable and imposed a global federal sentence of 24 months (bare two years) composed of consecutive provincial terms specified by count, ordered a primary designated offence DNA order on the s.267(a) count, directed a s.110 weapons prohibition for three years post-release, endorsed the warrant under the Truth in Sentencing Act to record 141 days of remand credit (not part of the sentence), imposed $10 fines and $3 victim surcharges per count with 36 months to pay, and declined probation as impermissible under para.731(1)(b) given fines and custody.

Citation
2016 NSPC 84
Parties
Crown: Her Majesty the Queen; Defendant: Steven James MacLeod
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 July 2016
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Guilty pleas accepted; sentence imposed totaling 24 months' imprisonment (federal), fines and victim surcharges, DNA and weapons prohibition orders, Truth in Sentencing endorsement; no probation.
Legal Topics
Sentencing Joint Recommendation, Remand Credit, Primary Designated Offence DNA Order, Firearms Prohibition S.110, Truth in Sentencing Act Endorsement, Spousal Violence as Aggravating Factor
Source Language
English
Criminal Law Sentencing Domestic Violence Weapons Law Forensic DNA Sentencing Joint Recommendation Remand Credit Primary Designated Offence DNA Order +3 more

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Parties

Her Majesty the Queen

Crown

Steven James MacLeod

Defendant

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether to accept a joint sentencing recommendation
  2. 2 Appropriate total sentence and consecutive structure
  3. 3 Calculation and endorsement of remand credit under Truth in Sentencing Act

Ratio Decidendi

The court accepted the joint recommendation as reasonable and imposed a global federal sentence of 24 months (bare two years) composed of consecutive provincial terms specified by count, ordered a primary designated offence DNA order on the s.267(a) count, directed a s.110 weapons prohibition for three years post-release, endorsed the warrant under the Truth in Sentencing Act to record 141 days of remand credit (not part of the sentence), imposed $10 fines and $3 victim surcharges per count with 36 months to pay, and declined probation as impermissible under para.731(1)(b) given fines and custody.

Court Disposition

Guilty pleas accepted; sentence imposed totaling 24 months' imprisonment (federal), fines and victim surcharges, DNA and weapons prohibition orders, Truth in Sentencing endorsement; no probation.

Orders

  • Case 2969518 (s.88(2) Criminal Code): 3 months custody (provincial), $10 fine, $3 victim surcharge.
  • Case 2969519 (uttering threats): 3 months custody consecutive, $10 fine, $3 victim surcharge.