R. v. Drake

R. v. Drake

The appropriate aggregate sentence for the consolidated offences is six years' imprisonment, reduced from 7.5 years on a final application of the totality principle; pre-sentence custody of 300 days was credited at 1.5:1 to 450 days (15 months) yielding a go-forward sentence of 57 months to be served in a federal penitentiary; Count #6 (carrying concealed knife) guilty plea withdrawn; conviction for possession of imitation firearm for dangerous purpose (s.88(1)) conditionally stayed under Kienapple; specific per-count custodial terms were imposed with specified concurrency and consecutiveness and ancillary orders (firearms prohibition s.109, DNA order s.487.051, CDSA forfeiture s.16) were...

Citation
2019 NSPC 18
Parties
Crown (nova Scotia): Her Majesty the Queen; Crown (canada): Her Majesty the Queen; Defendant: Tristan Gary Lestat Drake
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 June 2019
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Aggregate sentence fixed at 6 years imprisonment; go-forward sentence 57 months in a federal penitentiary after applying 450 days pre-sentence credit.
Legal Topics
Robbery, Use of Imitation Firearm, Possession for Purpose of Trafficking, Weapons Offences, Kienapple Principle, Totality Principle, Pre Sentence Custody Credit, Ancillary Orders
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Law Robbery Use of Imitation Firearm Possession for Purpose of Trafficking Weapons Offences Kienapple Principle +3 more

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Parties

Her Majesty the Queen

Crown (nova Scotia)

Her Majesty the Queen

Crown (canada)

Tristan Gary Lestat Drake

Defendant

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate aggregate sentence for multiple offences including armed robbery and CDSA trafficking offences
  2. 2 Application of the Kienapple principle to overlapping weapon offences
  3. 3 Application of the totality principle to consecutive sentences

Ratio Decidendi

The appropriate aggregate sentence for the consolidated offences is six years' imprisonment, reduced from 7.5 years on a final application of the totality principle; pre-sentence custody of 300 days was credited at 1.5:1 to 450 days (15 months) yielding a go-forward sentence of 57 months to be served in a federal penitentiary; Count #6 (carrying concealed knife) guilty plea withdrawn; conviction for possession of imitation firearm for dangerous purpose (s.88(1)) conditionally stayed under Kienapple; specific per-count custodial terms were imposed with specified concurrency and consecutiveness and ancillary orders (firearms prohibition s.109, DNA order s.487.051, CDSA forfeiture s.16) were...

Court Disposition

Aggregate sentence fixed at 6 years imprisonment; go-forward sentence 57 months in a federal penitentiary after applying 450 days pre-sentence credit.

Orders

  • Withdrawn: guilty plea to Count #6 (carrying a concealed weapon - knife) allowed and plea withdrawn
  • Conditional stay entered for possession of an imitation firearm for a dangerous purpose (Criminal Code s.88(1)) pursuant to Kienapple