R. v. Mombourquette, 2013 NSSC 395

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Mombourquette, 2013 NSSC 395 Date: 20131129 Docket: CRH 347135 Registry: Halifax Between: Her Majesty the Queen v. Brandon Mombourquette Judge: The Honourable Justice Felix A. Cacchione Heard: November 30, 2013, in Halifax, Nova Scotia Written Decision: December 5, 2013 Counsel: Richard B. Miller, for the Crown Geoffrey C. Newton, for Mr. Mombourquette By the Court : COURT : Mr. Mombourquette, is there anything you would like to say before I sentence you?

MR. MOMBOURQUETTE: I would like to apologize to you, the courts for not showing up on my court date, and there is no real excuse as to why (inaudible). COURT : How old are you Mr. Mombourquette? MR. MOMBOURQUETTE: Twenty-eight. COURT : How old is your daughter? MR. MOMBOURQUETTE: Six. COURT : Six? Do you want to see her grow up? MR. MOMBOURQUETTE: Yes. Kills me every day (inaudible). COURT : You want to see her get married, have kids. MR. MOMBOURQUETTE: Yes. And be a grandfather. COURT : You keep going the way you have been going, you will be dead before she reaches age of maturity. Do you understand that? MR.

MOMBOURQUETTE: Yes. COURT: You are hanging with a bad crowd. You know, if it were not for the joint recommendation, you would be going away for a lot longer. MR. MOMBOURQUETTE: I realize that. COURT : Well you have to wake up, because the road you are going on is going to lead you to a grave. MR. MOMBOURQUETTE: I have a long time to think about my choices. COURT : Well I do hope that it is not just words coming out of your mouth Mr. Mombourquette. I hope you really do think about the lifestyle you have been leading. I have looked at your record. It is not envious. MR. MOMBOURQUETTE: I know it ’ s not.

COURT: All right. Now you got a trade, your counsel says you got a business and you got a family. So the choice is yours.

COURT ’ S DECISION [ 1 ] I am prepared to accept the joint recommendation, reluctantly. I am sentencing you to three years incarceration consecutive to any sentence you are presently serving. [ 2 ] There will be a s.109 order prohibiting you from possessing firearms, ammunitions or explosives for a period of life. As well, there will be an order that you provide a sample of your DNA. [ 3 ] Mr. Mombourquette, do think seriously about what you have done in the past and what you want to do in the future. All right. I see you again Mr.

Mombourquette, joint recommendation or no joint recommendation, it is going to be a lot longer time. Anything further counsel? MR. NEWTON : Just, I ’ d like...the sentence... He needs a Provincial Remand. He ’ s supposed to be in Court on December 13 th , so he has a couple of matters that we need to deal with in Provincial Court. [ 4 ] All right. He is remanded to a Provincial Institution. MR. MILLER : In addition My Lord, I think all the other remaining counts were adjourned until today for disposition. So they should be withdrawn if they haven ’ t been already. [ 5 ] All right.

So, that...he pled guilty to s.95(a). The counts under ss. 88, 86(2), 90, 92(1), 94(1) and 96(

a) are withdrawn. _____________________ Cacchione, J.