COURT MARTIAL Citation: R. v. Hornell , 2010 CM 2005 Date: 20100503 Docket: 200941 General Court Martial Halifax Courtroom Halifax, Nova Scotia, Canada Between: Her Majesty the Queen - and - ex-Ordinary Seaman S.J. Hornell, Offender Before: Commander P.J. Lamont, M.J. REASONS FOR SENTENCE [ 1 ] Mr Hornell, having accepted and recorded your pleas of guilty to charge number three,

an act to the prejudice of good order and discipline; and as well, charges number six and eight, both alleging offences that you were unlawfully in a dwelling house with intent to commit an indictable offence, this court finds you guilty of charges three, six, and eight. [ 2 ] The Court Martial Appeal Court has made it very clear that a sentencing court is to accept the joint recommendation of counsel as to sentence, in a case such as this case where both counsel recommend that sentence, unless to accept the sentence would bring the administration of justice into disrepute or if the recommended sentence is otherwise contrary to the public interest.

I cannot say that the sentence jointly proposed by counsel in this case would bring the administration of justice into disrepute or is otherwise contrary to the public interest, and I, therefore, accept the joint recommendation of counsel. [ 3 ] You are sentenced to a fine in the amount of $3,000. The fine is to be paid in equal monthly instalments of $300 each, commencing 1 June 2010 and continuing for the following nine months.

COMMANDER P.J. LAMONT, M.J. COUNSEL Major S.A. MacLeod, Canadian Military Prosecution Service Counsel for Her Majesty the Queen Major J.A.E. Charland, Directorate of Defence Counsel Services Counsel for ex-Ordinary Seaman S.J. Hornell