Her Majesty the Queen v. Gordon Ross Currie SENTENCING DECISION Judge: The Honourable Judge Del Atwood, 2015 NSPC 51

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Currie , 2015 NSPC 51 Date: 2015-07-30 Docket: 2878368, 2878369, 2878370 Registry: Pictou Between: Her Majesty the Queen v. Gordon Ross Currie SENTENCING DECISION Judge: The Honourable Judge Del Atwood Heard: 30 July 2015, in Pictou, Nova Scotia Charge: Para. 348(1) (

b) Criminal Code of Canada Para. 98(1) (

b) Criminal Code of Canada Sub- s. 117.01(1) Criminal Code of Canada Counsel: T. William Gorman for the Nova Scotia Public Prosecution Service H. Edward Patterson for Gordon Ross Currie By the Court: [ 1 ] The court has for sentencing Gordon Ross Currie. Mr. Currie has elected to have these three (3) indictable matters dealt with in this court and has entered guilty pleas at an early opportunity. The charges are: break, enter and commit theft; break and enter and theft of firearms; and possession of a firearm while prohibited. Mr.

Currie went into a mobile home without permission while the owner was away working; he told police that his reason for doing so was to find a bathroom. What he found instead, under a bed, were long arms and ammunition. [ 2 ] The court has heard a joint-submission from counsel for a term of four- (4) years’ incarceration in a federal penitentiary on a go-forward basis. [ 3 ] I have reviewed the applicable authorities out of the Nova Scotia Court of Appeal.

There was also a well known case, which I do not believe was ever reported, and the case name escapes me, but it involved an individual who was the wheel man in a B & E and firearms’ theft in Dartmouth back in 1988; the sentencing hearing was conducted by Kimball J.P.C. now retired from the Provincial Court. That case resulted in a four-year sentence.

I recall it well because I was the defence counsel, and that was certainly the benchmark that was followed for some time thereafter, as there were a number of cases that cropped up around that time of people breaking into the homes of gun collectors and stealing firearms. The motive in almost every one of those cases, as I recall it, was initiation into an outlaw motorcycle gang. I would note that there is no element of that here; Mr.

Currie’s was merely an opportunistic break-in, likely in search of money for drugs. [ 4 ] I have been presented by defence counsel with a letter from a staff person at Talbot House, a Mr. Blanchard, the executive director. That is sentencing exhibit number one. One of the points of that letter that stands out is that Mr. Blanchard describes Mr. Currie as an individual who displayed “compassion and love to fellow residents while here, and shared his experience, strengths and

hopes with others”. And Mr. Blanchard believes that many of those others are clean today because of Mr. Currie. [ 5 ] This is not meant to be a crushing sentence for Mr. Currie; nevertheless, I do believe that it is a reasonable one. It takes into account the seriousness of the offences, as well as Mr. Currie’s high degree of responsibility. [ 6 ] Break and enter and theft involving firearms is a category of offence that the court must deter and denounce strongly. When firearms are stolen, it is typically not for the purposes of engaging in the hunting of game or target shooting.

Stolen firearms wind up typically out on the streets as cut-downs or sawed-offs used in the commission of offences, and it is for that reason that these types of crimes must be deterred strongly. [ 7 ] The court is therefore going to impose a sentence as follows: • There will be a

Section 109 Order in relation to the 348(1)(

b) and 98(1)(

b) and 117.01 charges as follows: Mr. Currie will be ordered prohibited from possessing any firearm other than a prohibited firearm or restricted weapon and any cross-bow, restricted weapon, ammunition and explosive substance for life; and he is also ordered prohibited from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life. • There will be a primary designated offence DNA collection order in relation to the para. 348(1) (

b) and 98(1) (

b) counts. • The court is going to impose $10-fines in relation to each of the charges with $3-victim surcharge amounts going along with that, and Mr. Currie will have 72 months to pay those combined amounts. • In relation to the break and enter and commit theft charge, there will be a sentence of four (4)-years’ imprisonment to be served in a penitentiary. • In relation to the para. 98(1) (

b) count, there will be a term of four (4) years imprisonment to be served concurrently to the first count. • And in relation to the final count under 117.01, there will be a one (1) year term also to be served concurrently. • The court is also going to order and direct in accordance with the provisions of

Section 743.21 of the Criminal Code that, while in custody, Mr. Currie is to have no contact or communication, either directly or indirectly, with the owner of the mobile home, Mr. Kevin Logan. • I am going to order and direct as well, counsel, that the warrant of committal be endorsed to record that the court would strongly encourage that Mr. Currie receive counselling in relation to opiate and benzodiazepine addiction at the earliest possible opportunity. [ 8 ] Anything further for Mr. Currie, counsel? [ 9 ] MR. GORMAN: No, Your Honour. [ 10 ] MR. PATTERSON: No, Your Honour. [ 11 ] THE COURT: And Mr. Currie, I’ll have you go with the sheriffs, please, sir. Thank you very much. Atwood, JPC