R. v. Butler and Sampson, (1983) 59 N.S.R.(2d) 87 (CA)

• Judge: Hart, Macdonald and Pace, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: April 12, 1983
• Jurisdiction: Nova Scotia
• Citations: (1983), 59 N.S.R.(2d) 87 (CA)

R. v. Butler (1983), 59 N.S.R.(2d) 87 (CA);

    125 A.P.R. 87

MLB headnote and full text

R. v. Butler and Sampson

(S.C.C. Nos. 00726, 00727)

Indexed As: R. v. Butler and Sampson

Nova Scotia Supreme Court

Appeal Division

Hart, Macdonald and Pace, JJ.A.

April 12, 1983.

Summary:

Butler and Sampson held up two men, robbing one of them and attempting to rob the other. Both pleaded guilty and were sentenced to two year concurrent terms of imprisonment for robbery and attempted robbery. In addition Sampson was sentenced on four other offences - two unrelated attempted robberies and two for using a firearm during the attempts. He received a sentence of two years consecutive imprisonment for one attempt and two years concurrent imprisonment for the other plus two one year consecutive terms for use of a firearm. The Crown appealed.

The Nova Scotia Court of Appeal allowed the appeal, increasing the sentences for robbery to three years imprisonment and making Sampson's sentences for all of the additional attempted robberies consecutive, because they were unrelated in time and place.

Criminal Law - Topic 5803

Sentencing - Consecutive sentences - The Nova Scotia Court of Appeal made the sentences of an accused for attempted robberies consecutive, where the attempts were separate in time and place from each other - The court stated that the choice of consecutive versus concurrent sentences does not matter much in practice, so long as the total sentence is appropriate - The court stated that generally, where there is no relationship between separate offences, consecutive sentences should be imposed.

Criminal Law - Topic 5855

Robbery - The Nova Scotia Court of Appeal applied the principle that at least three years imprisonment is appropriate for robbery, even for first offenders.

Criminal Law - Topic 5871

Sentence - Use of firearm during offence - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 83 - An accused committed a second violation of using a weapon during an offence before he was convicted of the first - The Nova Scotia Court of Appeal held that the trial judge correctly refrained from imposing an increased sentence for the second violation, because there had not yet been a conviction for the first - See paragraph 16

Criminal Law - Topic 5914

Sentence - Attempt to commit offence - The Nova Scotia Court of Appeal held that the sentence for attempting to commit an offence should normally be less than the sentence appropriate for commission of the full offence.

Cases Noticed:

R. v. Brennan and Jensen (1975), 11 N.S.R.(2d) 84; 5 A.P.R. 84, appld. [para. 10].

R. v. Bailey (1978), 25 N.S.R.(2d) 687; 36 A.P.R. 687, appld. [para. 10].

R. v. Cheetham (1980), 53 C.C.C.(2d) 109, appld. [para. 16].

R. v. Nicholson (1981), 39 N.R. 611; 64 C.C.C.(2d) 116 (S.C.C.), appld. [para. 16].

R. v. McGuigan (1982), 40 N.R. 497; 66 C.C.C.(2d) 97 (S.C.C.), appld. [para. 16].

R. v. Hatch (1979), 31 N.S.R.(2d) 110; 52 A.P.R. 110, appld. [para. 19].

Counsel:

Kenneth W.F. Fiske, for the appellant;

Lee W. Mitchell, for the respondent, Herbert John Butler;

Castor H.F. Williams, for the respondent, Stephen Michael Sampson.

This case was heard on April 5, 1983, at Halifax, Nova Scotia, before Hart, Macdonald and Pace, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On April 12, 1983, Macdonald, J.A., delivered the following judgment for the Appeal Division: