R. v. McKenna, 2012 NSSC 177

SUPREME COURT OF NOVA SCOTIA Citation: R. v. McKenna , 2012 NSSC 177 Date: 20120423 Docket: CRH 368240 Registry: Halifax Between: Her Majesty The Queen v. Peter Scott McKenna aka Peter Scott Denomme Judge: The Honourable Justice M.

Heather Robertson Heard: April 23, 2012, in Halifax, Nova Scotia Decision: April 23, 2012 (Sentencing) Written Release of Decision: April 27, 2012 Counsel: Melanie Perry, for the Crown Geoffrey Newton, for the defence Robertson, J. : (Orally) [ 1 ] This is the sentencing of Peter Scott McKenna aka Peter Scott Denomme who pled guilty pursuant to s. 92(1) of the Criminal Code ; s. 95(1) of the Criminal Code; s. 117.01(1) of the Criminal Code; and three counts pursuant to s. 145(3) of the Criminal Code. [ 2 ] Thank you counsel for all submissions, you have been very helpful to me. I am, Ms.

Perry, very mindful of my obligations in sentencing pursuant to s. 718 of the Criminal Code , the purpose and principles of sentencing. The crimes he has committed are certainly unlawful conduct for which there should be denunciation. We have to deter other people from committing these offences and I agree with you that guns have become a serious issue in our community and we all need to respond to it. And, in this case Mr.

McKenna when you have a lifetime ban against using a weapon, that is a very stupid thing to do and that really requires that the Court sentence separate you from society for this type of habitual crime.

[ 3 ] We always have in mind the capacity for your rehabilitation, but that is not going to happen from any external source. You have to examine your own life and you have to realize, “I’m 40 years old, I’m going to be 45 by the time I get out just because I keep messing with guns and drugs.” So you will have to decide. And, I would say to you if there are more offences, if this ever occurs again in your middle age because that is what you will be when you get out, there would be very long sentences imposed for that conduct. The Court simply cannot tolerate and society cannot tolerate this kind of activity.

It is very wrongful and harmful to everybody in the community. [ 4 ] So, I have examined the range of sentences. I accept the recommendation of counsel. I think this is a well-crafted sentence. It recognizes the seriousness of the offence. It recognizes the issues of deterrence and denunciation and it recognizes the need to give Mr. McKenna another four years to think about reforming his life. [ 5 ] So, I am in full agreement then on the following penalties. On the offence which is Count No. 5 of the indictment which is s. 95(1) of the Criminal Code Mr. McKenna is sentenced to 4 years.

On Count No. 4 which is s. 92(1) of the Criminal Code he is sentenced 1 year concurrent. On the Count No. 7, s. 117.01(1) offence he is sentenced to 1 year concurrent. On the matter of the breaches which are Count Nos.10, 11 and 14 these will result in 60-day sentences for each count to be also concurrent. That is a total of 4 years commencing today without any time being credited for time served. [ 6 ] And, I will sign the DNA order and I will also sign the forfeiture order of the gun and ammunition. And, as you say, the lifetime ban on weapons is already in place – something for Mr.

McKenna to think about the next four years. [ 7 ] I believe that might conclude the matter then. MS. PERRY: The Crown would offer no evidence on the remaining counts. THE COURT: Okay. Thank you very much. MR. NEWTON: Make a motion for dismissal. THE COURT: Dismissed for want of prosecution. Counts 1, 2, 3, 6, 8, 9, 12 and 13. And, I will make a notation of this. Thank you. Justice M. Heather Robertson