Courts Martial

Decision Information

Andrist M.D. (Able Seaman), R. v.

Collection Courts Martial
Date 2010-05-18
Neutral citation 2010 CM 2006
Docket 201027
Judge P.J. Lamont
Decision type Sentence
Decision status Available
Type of Court Martial Standing Court Martial
Notes

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Summary:

Date of commencement of the trial: 18 May 2010.

Location: 6080 Young Street, 5th floor, courtroom, Halifax, NS.

Charge
•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.

Results
•FINDING: Charge 1: Guilty.
•SENTENCE: A severe reprimand and a fine in the amount of $3500.

Decision Content

COURT MARTIAL

 

Citation:  R. v. Andrist, 2010 CM 2006

 

Date:  20100518

Docket:  201027

 

Standing Court Martial

 

Halifax Courtroom

Halifax, Nova Scotia, Canada

 

Between: 

 

Her Majesty the Queen

 

- and -

 

Able Seaman M.D. Andrist, Offender

 

 

Before:  Commander P.J. Lamont, M.J.

 

 

REASONS FOR SENTENCE

 

[1]               As both counsel referred in their addresses to the decision of the Court Martial Appeal Court in the case of Private Chadwick Taylor, when the court receives the joint submission of counsel as to a particular sentencing disposition, then it is clear that the court should accept the joint recommendation of counsel unless to do so would bring the administration of justice into disrepute or if the recommended sentence is otherwise contrary to the public interest.

 

[2]               On all the circumstances of this case, I cannot say that the recommended sentence of counsel would either bring the administration of justice into disrepute or is otherwise contrary to the public interest, and accordingly I accept the joint submission.

 

[3]               Able Seaman Andrist, you are sentenced to a severe reprimand and a fine in the amount of $3,500.  The fine is to be paid in monthly instalments of $350 each, commencing 15 June 2010 and continuing for the following nine months.  In the event you are released from the Canadian Forces for any reason before the fine is paid in full, the then outstanding unpaid balance is to be paid the day prior to your release. 

 

 

 

COMMANDER P.J. LAMONT, M.J.

 

COUNSEL

 

Major P. Rawal, Canadian Military Prosecution Service

Counsel for Her Majesty the Queen

 

Major J.A.E. Charland, Directorate of Defence Counsel Services

Counsel for Able Seaman M.D. Andrist

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