R. v. MacDonald

JurisdictionNova Scotia
JudgeAtwood
Citation2018 NSPC 25
Date16 April 2018
CourtProvincial Court of Nova Scotia (Canada)
Docket Number8063554, 8084766, 8121946, 8121945

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7 practice notes
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...(SCAD) ......556, 557 R v MacDonald, 2014 SCC 3 .................................................... 21, 111, 135–38, 207 R v MacDonald, 2018 NSPC 25 .......................................................................... 299 R v MacGillivray, [1995] 1 SCR 890, 97 CCC (3d) 13, [1995] SCJ......
  • Compelling Appearance and Judicial Interim Release
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...or officer in charge. 59 Judges have noted that police officers themselves often seem not to understand this point: see R v MacDonald , 2018 NSPC 25 at para 65 or R v Raios , 2018 ONSC 6867. 60 See, for example, R v Mendez , 2014 ONSC 498 [ Mendez ], or R v Burgar , 2013 BCPC 389 [ Burgar ]......
  • R. v. MacKay
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • February 2, 2021
    ...is a question of law of that nature may provide an answer. The general issue was considered by his Honour Judge Atwood in R v MacDonald, 2018 NSPC 25. In response to the Crown’s argument that he would only be bound by decisions of the Nova Scotia Supreme Court in cases where that court was ......
  • R v C
    • Canada
    • Provincial Court of Nova Scotia (Canada)
    • November 19, 2019
    ...offence under § 487.04 for the purposes of DNA collection. Sentencing principles [18]      In R v MacDonald, 2018 NSPC 25 at ¶¶ 7-15, aff’d 2019 NSCA 5 (MacDonald) I reviewed those general principles of sentencing that are always engaged in hea......
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5 cases
  • R. v. MacKay
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • February 2, 2021
    ...is a question of law of that nature may provide an answer. The general issue was considered by his Honour Judge Atwood in R v MacDonald, 2018 NSPC 25. In response to the Crown’s argument that he would only be bound by decisions of the Nova Scotia Supreme Court in cases where that court was ......
  • R v C
    • Canada
    • Provincial Court of Nova Scotia (Canada)
    • November 19, 2019
    ...offence under § 487.04 for the purposes of DNA collection. Sentencing principles [18]      In R v MacDonald, 2018 NSPC 25 at ¶¶ 7-15, aff’d 2019 NSCA 5 (MacDonald) I reviewed those general principles of sentencing that are always engaged in hea......
  • R v Naugle
    • Canada
    • Provincial Court of Nova Scotia (Canada)
    • July 3, 2019
    ...prosecution. General sentencing principles [6]             In R v MacDonald, 2018 NSPC 25 at ¶¶ 7-15, aff’d 2019 NSCA 5 (MacDonald) I reviewed those general principles of sentencing that are always in play in heari......
  • R. v. MacDonald
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • February 1, 2019
    ...of the circumstances of the offence and of the offender. [4] Judge Atwood thoroughly canvassed the objectives and principles of sentence (2018 NSPC 25). While we grant leave, we are not convinced that the trial judge committed any error in principle, nor is the sentence demonstrably unfit. ......
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2 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...(SCAD) ......556, 557 R v MacDonald, 2014 SCC 3 .................................................... 21, 111, 135–38, 207 R v MacDonald, 2018 NSPC 25 .......................................................................... 299 R v MacGillivray, [1995] 1 SCR 890, 97 CCC (3d) 13, [1995] SCJ......
  • Compelling Appearance and Judicial Interim Release
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...or officer in charge. 59 Judges have noted that police officers themselves often seem not to understand this point: see R v MacDonald , 2018 NSPC 25 at para 65 or R v Raios , 2018 ONSC 6867. 60 See, for example, R v Mendez , 2014 ONSC 498 [ Mendez ], or R v Burgar , 2013 BCPC 389 [ Burgar ]......