Accessory after the fact to murder, Intimidation of a justice system participant or journalist

R. v. Taylor

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposedConditional sentence of two years less a day (14 months concurrent on the intimidation counts), then 12 months probation; DNA order1
5 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed2 years less a day conditional sentence
Defence asked2 years less a day conditional sentence
For accessory after the fact to murder (CC 240), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

A jury found Miranda Lynn Taylor guilty of being an accessory after the fact to murder and of two counts of intimidating justice system participants, after she posted police disclosure on Facebook exposing two key Crown witnesses in a first-degree murder case against her then-boyfriend. The Crown sought five years' imprisonment; the defence sought a conditional sentence of two years less a day. Justice Bodurtha imposed a conditional sentence of two years less a day, with 14 months concurrent on the intimidation counts, followed by 12 months' probation, citing her lack of a record, strong rehabilitative potential and nearly three years on strict release conditions without a breach.

In the judge's words

[76] Along with the need for emphasis on deterrence and denunciation, Ms. Taylor demonstrates strong rehabilitative potential. She has taken meaningful, sustained and considerable efforts to enhance her ability to contribute to society. She is a youthful offender with no prior criminal record. A period of incarceration may impede the significant progress she has made.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: Rick Woodburn, K.C. and Sarah Kirby
Defence: Alex Pate

Sources

  1. R. v. Taylor, 2023 NSSC 143 Court decision, CanLII, May 4, 2023[2] The parties have widely divergent positions on the appropriate sentence. The Crown seeks five years’ imprisonment for the s. 240 offence and a concurrent two years of imprisonment for the s. 423.1 offences.[3] The Defence has three proposals for this Court to consider. First, the Defence is seeking a Conditional Sentence Order of two years less a day for the accessory after the fact to murder offence and, for the offences of intimidation of a justice system participant to be stayed pursuant to the Kienapple principle.[45] The maximum sentence under s. 240 is life imprisonment. There is no mandatory minimum. … [63] The maximum sentence under s. 423.1(3) is 14 years’ imprisonment. There is no mandatory minimum.[1] Miranda Lynn Taylor (hereinafter “Ms. Taylor”) elected to be tried by judge and jury on a three-count Indictment[75] … She has no prior criminal record.[76] Along with the need for emphasis on deterrence and denunciation, Ms. Taylor demonstrates strong rehabilitative potential. She has taken meaningful, sustained and considerable efforts to enhance her ability to contribute to society. She is a youthful offender with no prior criminal record. A period of incarceration may impede the significant progress she has made.[104] A just and appropriate sentence for the section 240 offence is a custodial sentence of two years less a day followed by probation for a term of one year. The appropriate sentence for the section 423.1(3) offences is 14 months in custody. The sentences will be served concurrently in the community under the following conditions: … [105] The Conditional Sentence Order will be followed by 12 months’ probation with the following conditions:
  2. R. v. Taylor, 2023 NSSC 143 Court decision, Courts of Nova Scotia

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