R. v. Smith, 2011 CM 2002

COURT MARTIAL Citation: R. v. Smith , 2011 CM 2002 Date: 20110214 Docket: 201060 Standing Court Martial Halifax Courtroom Halifax, Nova Scotia, Canada Between: Her Majesty the Queen - and - Master Corporal V.R.G. Smith, Offender Before: Commander P.J. Lamont, M.J.

REASONS FOR SENTENCE (Orally) [ 1 ] Master Corporal Smith, having accepted and recorded your plea of guilty to the first charge on the charge sheet, a charge of neglect to the prejudice of good order and discipline, this court now finds you guilty on charge number one. [ 2 ] I had the benefit of extensive and, apparently, well thought out and constructive submissions from both counsel as to a fit disposition by way of sentence in this case.

I am mindful, of course, of the holding of the Court Martial Appeal Court in the case of Pte Chadwick Taylor that was referred to by the prosecutor in the course of his submission. [ 3 ] Counsel have jointly recommended in this case a sentencing disposition by way of a reprimand and a fine in the amount of $700. The sentence to be pronounced, of course, is a matter for the court, but where, as in this case, both counsel agree on a recommended disposition, that recommendation carries considerable weight with the court.

As the Court Martial Appeal Court has stated in the case of Private Taylor , the joint recommendation of counsel as to sentence should be accepted by the sentencing court unless the recommended sentence would bring the administration of justice into disrepute or is otherwise contrary to the public interest.

[ 4 ] On all the circumstances of this offence and of this offender, I cannot say that the recommended sentence would either bring the administration of justice into disrepute or is otherwise contrary to the public interest. [ 5 ] I am confident, Master Corporal Smith, that you recognize that you made a mistake and that you are well on your way to atoning for the serious financial consequences of that mistake.

I consider that the proposed disposition is well within the range of sentence that would normally be awarded for offences of this nature, and in the circumstances of this particular offender, and I accept the joint submission. FOR THESE REASONS, THE COURT: [ 6 ] SENTENCES you to a reprimand and a fine in the amount of $700. The fine is to be paid forthwith. Counsel: Major P. Rawal, Canadian Military Prosecution Service Counsel for Her Majesty the Queen Lieutenant-Colonel D.K. Fullerton, Directorate Defence Counsel Services Counsel for Master Corporal V.R.G. Smith