Courts Martial

Decision Information

Summary:

Date of commencement of the trial: 28 July 2010

Location: 14 Wing Greenwood, Birchall Training Centre, Building 221, Greenwood, NS

Charges

CM 2017
•Charge 1: S. 117(f) NDA, an act of a fraudulent nature not particularly specified in sections 73 to 128 of the National Defence Act.

CM 2018
•Charge 1: S. 129 NDA, an act to the prejudice of good order and discipline
•Charge 2: S. 90 NDA, absented himself without leave.
•Charges 3, 4: S. 129 NDA, conduct to the prejudice of good order and discipline.

Results

CM 2017
•FINDING: Charge 1: Guilty.
•SENTENCE: A severe reprimand and a fine in the amount of $2800.

CM 2018
•FINDINGS: Charges 1, 2, 3, 4: Guilty.
•SENTENCE: A reduction in rank to the rank of private.

Decision Content

COURT MARTIAL

 

Citation:  R. v. Smith, 2010 CM 2017

 

Date:  20100728

Docket:  201035

 

Standing Court Martial

 

Birchall Training Centre

Canadian Forces Base Greenwood

Greenwood, Nova Scotia, Canada

 

Between: 

 

Her Majesty the Queen

 

- and -

 

Corporal M.K.P. Smith, Offender

 

 

Before:  Commander Lamont, M.J.

 


 

REASONS FOR SENTENCE

 

(Orally)

 

[1]        Both counsel have referred to the case of Private Chadwick Taylor, a decision of the Court Martial Appeal Court, which reiterated the law applied by most of the provincial courts of appeal across Canada with respect to the joint submission of counsel with respect to sentence in a criminal case.  The law is clear that unless the sentence jointly proposed by counsel is contrary to the public interest then the court should accept the joint recommendation of counsel.

 

[2]        In this case, considering what I have been told with respect to the circumstances of the offence, and also what I understand with respect to the circumstances of the offender, I cannot say that the joint submission proposed by counsel with respect to sentence is contrary to the public interest, and I, therefore, accept the joint submission of counsel.

 

[3]        Corporal Smith, you are sentenced to a severe reprimand and a fine in the amount of $2800.  The fine is to be paid in monthly instalments of $560 each commencing 1 September 2010 and continuing for the four following months. In the event that the fine is not discharged in its entirety prior to your release from the Canadian Forces, the then outstanding unpaid balance is to be paid, is due, and is owing on the day prior to your release.


 

Counsel:

 

Major P. Rawal, Regional Military Prosecutions (Atlantic)

Counsel for Her Majesty the Queen

 

Lieutenant(N) M. Létourneau, Directorate of Defence Counsel Services

Counsel for Corporal Smith

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.