• Cite as: R. v. Ross, 1992 NSCA 95 , I S.C.C. No. 02621 t . . IN THE SUPREME COURT OF NOVA SCOTIA APPEAL DIVISION I Clarke, C.J.N.S.; Matthews and Freeman, JJ.A. I BETWEEN: I HER MAJESTY THE QUEEN Kenneth W.F. Fiske for the Appellant Appellant I Alan G. Ferrier - and - for the Respondent I CHARLES CLARKE ROSS I Respondent Appeal Heard: April 8, 1992 L Judgment Delivered: April 8, 1992 I I I THE COURT: Appeal allowed from sentence for violation of the Criminal Code, s. 267(1 )(b) only to the extent of imposing a firearms I prohibition order of five years, per oral reasons for judgment of Clarke, C.J.N.S.; Matthews and Freeman, JJ.A. concurring. I I I ~· I [
I I, The reasons for judgment of the Court were delivered orally by: ,~ CLARKE, C.J.N.S.: I The Crown appeals from the sentence imposed on the respondent by Mr. Justice Macintosh at Amherst on October 18, 1991 for the offence of I committing an assault causing bodily harm contrary to s. 267(1 )(b) of the Criminal Code. The respondent was sentenced to a term of imprisonment of 90 days to be I served on an intermittent basis followed by a probation order of two years, 200 hours of community service and a firearms prohibition of one year. I The record, which we have reviewed, reveals that Mr. Justice I Macintosh, a judge of long experience, considered the principles of sentencing that apply to this unusual fact situation that brought grief to both the vict"im and the I respondent. We find that he committed no reversible error and devised a sentence L which is fit and appropriate _for the circumstances. The exception is that s. 100( 1_ ) of the Criminal Code requires the firearms prohibition order to be five years rather I than one year. In granting leave to appeal, we allow it but only to the extent of I varying the firearms prohibition order upward to five years. In all other respects I the appeal is dismissed. I C.J.N.S. I Concurred in: I Matthews, J.A.kN/ I Freeman, J.A~ I '. , /
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