R. v. Pyke (C.A.), (2012) 316 N.S.R.(2d) 132 (SC)

• Judge: Cacchione, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: April 30, 2012
• Jurisdiction: Nova Scotia
• Citations: (2012), 316 N.S.R.(2d) 132 (SC);2012 NSSC 187

R. v. Pyke (C.A.) (2012), 316 N.S.R.(2d) 132 (SC);

    1002 A.P.R. 132

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. MY.041

Her Majesty The Queen v. Cordell Alvin Pyke

(CRH 354302; 2012 NSSC 187)

Indexed As: R. v. Pyke (C.A.)

Nova Scotia Supreme Court

Cacchione, J.

April 30, 2012.

Summary:

The accused was convicted by a jury of, inter alia, attempted murder. The other convictions were stayed based on the Kienapple principle.

The Nova Scotia Supreme Court sentenced the accused to five years' imprisonment, less 22 months' credit for pre-trial custody based on a 1.5 to 1.0 ratio, leaving a net sentence to be served of 38 months' imprisonment.

Criminal Law - Topic 5881

Sentence - Murder (incl. attempts) - The 25 year old accused was one of a group of persons who attacked and stabbed the victim, causing a life-threatening injury - A jury convicted the accused of attempted murder, although it was unclear whether he was convicted as a principal or an aider - The accused denied stabbing the victim - He was a substance abuser with limited education and an extensive criminal record involving the drug trade - He had a seven year old daughter - His drug and alcohol abuse commenced at a young age due to an abusive family situation - Although the accused always accepted responsibility for past offences, he continued to deny stabbing the victim - The Nova Scotia Supreme Court, in sentencing the accused, commented that "I cannot help but feel a sense of unease at the verdict" - The court noted surprise on the faces of counsel for the accused and the Crown when the jury returned a guilty verdict - The Crown sought 8-10 years' imprisonment - The court sentenced the accused to five years' imprisonment, less 22 months' credit for pre-trial custody on a 1.5 to 1.0 basis.

Cases Noticed:

R. v. Ahmed-Saidi (A.) (2001), 140 O.A.C. 346 (C.A.), refd to. [para. 39].

R. v. Gould (1990), 96 N.S.R.(2d) 123; 253 A.P.R. 123 (C.A.), refd to. [para. 39].

R. v. Carty (S.) (2010), 268 O.A.C. 249; 2010 ONCA 671, refd to. [para. 39].

R. v. Smith (D.) (2010), 260 O.A.C. 180; 2010 ONCA 229, refd to. [para. 39].

R. v. Phillips (J.M.) (2006), 308 N.B.R.(2d) 111; 797 A.P.R. 111; 2006 NBQB 378, refd to. [para. 39].

R. v. Cragg, [2009] B.C.J. No. 1015 (S.C.), refd to. [para. 47].

R. v. Fitzpatrick (1991), 5 B.C.A.C. 82; 11 W.A.C. 82 (C.A.), refd to. [para. 49].

R. v. Oelkuch (P.), [2006] O.T.C. 720 (Sup. Ct.), refd to. [para. 51].

R. v. Weldegergis (1992), 100 Sask.R. 264; 18 W.A.C. 264 (C.A.), refd to. [para. 52].

Counsel:

Catherin Cogswell and Alonzo Wright, for the Crown;

Luke A. Craggs, for the accused.

This matter was heard on April 30, 2012, at Halifax, N.S., before Cacchione, J., of the Nova Scotia Supreme Court, whose following oral decision of April 30, 2012, was filed in writing on May 10, 2012.