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

Crown asked8 years in custody1
Judge imposed8 years global (7 years plus 12 months consecutive), less 9 months remand credit, leaving 7 years and 3 months1

What the law allows

Maximum14 years
Crown asked8 years in custody
Judge imposed8 years in custody
Defence asked4 years and 6 months in custody
For discharging a firearm with intent (CC 244), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 57% of the maximum. Read the section.

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

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.

1

The record

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

  1. 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.
  2. R. v. Kane, 2022 NSSC 130 Court decision, Courts of Nova Scotia

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