Possession of a loaded prohibited or restricted firearm, Possession of a controlled substance
R. v. C.B.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
The offender, arrested three months after his 18th birthday, pleaded guilty to possessing a loaded prohibited or restricted handgun and possessing cocaine found in his vehicle. The defence sought a two-year-less-a-day conditional sentence; the provincial and federal Crowns took no fixed position, the provincial Crown arguing for house arrest throughout any conditional sentence. Chief Judge Borden imposed a conditional sentence of two years less a day followed by two years of probation, plus a $1,000 fine on the drug count, citing his youth, lack of record, an Impact of Race and Cultural Assessment, and his compliance with bail.
In the judge's words
1In balancing the competing variables confronting C.B. against the governing jurisprudence, I conclude that sentencing him to a conditional sentence order of two years less a day to be followed by probation for two years is consistent with the fundamental purposes and principles of sentencing.
The record
- Convicted of
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a controlled substance (CDSA 4(1))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: Steven Degen, Timothy McLaughlin, K.C.
Defence: Patrick MacEwen
Sources
- R. v. C.B., 2023 NSPC 68 Court decision, CanLII, November 29, 2023
[5] The Defence argues that a conditional sentence of two years less a day is appropriate.
[33] But for the seminal case of R. v. Nur, 2015 SCC 15, C.B. would be facing a three-year mandatory minimum sentence.
[1] C.B., a first-time offender, has pleaded guilty to the following offences
[59] In balancing the competing variables confronting C.B. against the governing jurisprudence, I conclude that sentencing him to a conditional sentence order of two years less a day to be followed by probation for two years is consistent with the fundamental purposes and principles of sentencing.
[63] Accordingly, the sentence will be apportioned as follows: … Code s. 95(1): Two years less a day condition sentence order, to be followed by a two-year probation order. … CSDA s. 4(1): $1000.00 fine.
- R. v. C.B., 2023 NSPC 68 Court decision, Courts of Nova Scotia