R. v. MacKenzie (A.D.),

• Jurisdiction: New Brunswick
• Judge: Rideout, J.
• Neutral Citation: 2006 NBQB 75
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Citation: (2006), 299 N.B.R.(2d) 252 (TD),2006 NBQB 75
• Date: 06 March 2006

R. v. MacKenzie (A.D.) (2006), 299 N.B.R.(2d) 252 (TD);

    299 R.N.-B.(2e) 252; 778 A.P.R. 252

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2006] N.B.R.(2d) TBEd. MR.027

Her Majesty the Queen v. Andrew Donald MacKenzie

(MI002705; 2006 NBQB 75)

Indexed As: R. v. MacKenzie (A.D.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Rideout, J.

March 6, 2006.

Summary:

The accused pleaded guilty to discharging a firearm, with intent to endanger life, and carrying a weapon for a purpose dangerous to the public peace.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to nine years' imprisonment for the first offence and four years concurrent for the second, and ordered that the accused had to serve half of his sentence before he could be released on full parole.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility (incl. jury recommendation) - The accused pleaded guilty to discharging a firearm, with intent to endanger life, and carrying a weapon for a purpose dangerous to the public peace - The facts arose out of a shoot-out in a residential area - The victim suffered a superficial head injury - The accused had an extensive record (approxi­mately 40 convictions) - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, sentenced the accused to nine years' imprisonment for the first offence and four years concurrent for the second, and or­dered that the accused had to serve half of his sentence before he could be released on full parole.

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 5903

Sentence - Discharge of firearm with intent - [See Criminal Law - Topic 5670 ].

Cases Noticed:

R. v. Godin (P.) (2003), 257 N.B.R.(2d) 370; 674 A.P.R. 370 (T.D.), refd to. [para. 17].

R. v. Roberts (M.D.) (1998), 199 N.B.R.(2d) 387; 510 A.P.R. 387 (C.A.), refd to. [para. 17].

R. v. Canney (R.H.) (1995), 163 N.B.R.(2d) 161; 419 A.P.R. 161 (C.A.), refd to. [para. 17].

R. v. Meyer (G.A.) (1994), 153 N.B.R.(2d) 316; 392 A.P.R. 316 (C.A.), refd to. [para. 17].

Counsel:

Anthony Allman, Q.C., for Her Majesty the Queen;

David LeBlanc, for Andrew MacKenzie.

This matter was heard by Rideout, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who delivered the following oral decision on March 6, 2006.