R. v. Power (S.J.), (2016) 376 N.S.R.(2d) 77 (SC)

• Judge: Chipman, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: July 26, 2016
• Jurisdiction: Nova Scotia
• Citations: (2016), 376 N.S.R.(2d) 77 (SC);2016 NSSC 198

R. v. Power (S.J.) (2016), 376 N.S.R.(2d) 77 (SC);

    1185 A.P.R. 77

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. JL.030

Her Majesty the Queen v. Stephen James Power

(CRH No. 443601; 2016 NSSC 198)

Indexed As: R. v. Power (S.J.)

Nova Scotia Supreme Court

Chipman, J.

July 26, 2016.

Summary:

Power, an Aboriginal offender, was to be sentenced on two counts of possession of a firearm knowing its possession to be unauthorized (Criminal Code, s. 92(1)), three counts of possession of a firearm or ammunition contrary to an order (s. 117.01(1)) and one count of breach of probation (s. 733.1(1)(a)). Power sought a conditional sentence order for a total of eight months. The Crown submitted that a custodial sentence of one year was appropriate.

The Nova Scotia Supreme Court sentenced Power to a total of eight months' imprisonment. Considering the totality of the convictions, coupled with all of the sentencing considerations, a conditional sentence was not in order. The Court also granted the requested ancillary orders.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5877.2 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5877.2 ].

Criminal Law - Topic 5849.20

Sentencing - Considerations on imposing sentence - Use or possession of firearms - [See Criminal Law - Topic 5877.2 ].

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons - [See Criminal Law - Topic 5877.2 ].

Criminal Law - Topic 5877.2

Sentence - Possession of firearm, ammunition, etc. in breach of prohibition order - The accused, an Aboriginal, was to be sentenced on two counts of possession of a firearm knowing its possession to be unauthorized (Criminal Code, s. 92(1)), three counts of possession of a firearm or ammunition contrary to an order (s. 117.01(1)), and one count of breach of probation (s. 733.1(1)(a)) - He sought a conditional sentence order for a total of eight months - The Crown submitted that a custodial sentence of one year was appropriate - The Nova Scotia Supreme Court held that an eight month custodial sentence was just and appropriate, broken down as follows: two counts, s. 92(1): four months each, concurrent; three counts, s. 117.01(1): four months each, concurrent, and consecutive to the s. 92(1) offences; one count, s. 733.1(1)(a): one month, concurrent to all other counts - A related criminal record for weapons possession - As for mitigating factors, accused was just 22 years of age at the time of the offences - With respect to the s. 117.01(1) offences, while the general range was one year imprisonment, sentences under that section had been shorter - Gladue factors present: substance abuse; racism; family breakdown; domestic violence; lack of employment opportunities; and poor socio-economic conditions - On balance, considering the totality of the convictions coupled with all of the sentencing considerations, a conditional sentence was not in order.

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5877.2 ].

Counsel:

William Mathers, for the Crown;

Peter Kidston, for Mr. Power.

This sentencing matter was heard and decided on July 26, 2016, in Halifax, Nova Scotia, by Chipman, J., of the Nova Scotia Supreme Court, who orally delivered the following decision.