Discharging a firearm with intent, Reckless discharge of a firearm, Possession of a weapon contrary to a prohibition order, Assault with a weapon, Forcible confinement
R. v. Kane
- On release at the time
Sentence and the Crown's position
What the law allows
James Leslie Gerald Kane was convicted by a jury of discharging a firearm with intent to endanger life (two counts), discharging a firearm at a dwelling-house, forcible confinement, assault with a weapon and possessing a firearm while prohibited, after he lured the victim to his residence for a group attack and fired a shotgun beside a second person's face. The Crown sought a global sentence of 8 to 9 ½ years; the defence sought 4 ½ years. Justice Muise imposed eight years' imprisonment, less nine months of remand credit, describing the offences as extremely grave and Mr. Kane as the ringleader with a lengthy related record who was on a conditional sentence at the time.
In the judge's words
1These offences, particularly those carrying a minimum four-year sentence, and particularly considering the level of danger and traumatizing activity involved, are extremely grave offences.
The record
- Convicted of
- Discharging a firearm with intent (CC 244, 2 counts)
- Reckless discharge of a firearm (CC 244.2)
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Assault with a weapon (CC 267(a))
- Forcible confinement (CC 279(2))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 4 years and 6 months in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Saara Wilson
Defence: Michael Power, Q.C.
Sources
- R. v. Kane, 2022 NSSC 130 Court decision, CanLII, May 12, 2022
[46] The Crown recommends a global sentence of 8 to 9 ½ years’ Imprisonment, less credit for remand time, as well as the following ancillary orders:
[47] The Defence recommends a global sentence of 4 ½ years less credit for remand time and for time spent on release conditions.
[24] In the circumstances of this case, given that it was not proven that the shotgun was a restricted firearm or a prohibited firearm, the section 244 offences and the section 244.2 offence, Counts 1, 5 and 7, each carry a maximum term of imprisonment of 14 years and a minimum term of imprisonment of four years.
[1] Mr. Kane was found guilty, by a jury, of all the offences on the Indictment.
[54] The aggravating circumstances in the case at hand include the following: … - Mr. Kane was on a conditional sentence at the time.
[57] These offences, particularly those carrying a minimum four-year sentence, and particularly considering the level of danger and traumatizing activity involved, are extremely grave offences.
[109] Considering these objectives, principles and factors I have noted, and considering all the circumstances of the case at hand, I would sentence Mr. Kane to a total sentence of eight years’ imprisonment, broken down in the manner I have described. … That amounts to a credit of 240 days or 9 months. … So, the total sentence is 7 years and 3 months, and is consecutive to any sentence that he may currently be serving.
- R. v. Kane, 2022 NSSC 130 Court decision, Courts of Nova Scotia