Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36975
Her Majesty the Queen v. Darrin Green
(Quebec) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-09-12 | Close file on Leave | |
| 2016-09-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-09-09 | Judgment on leave sent to the parties | |
| 2016-09-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005979-156, 2016 QCCA 379, dated February 19, 2016, is dismissed. Dismissed |
|
| 2016-07-11 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-05-20 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-20) | Darrin Green |
| 2016-05-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-05-20, (Electronic version filed on 2016-05-20) | Darrin Green |
| 2016-04-26 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2016-04-19 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-04-19) | Her Majesty the Queen |
| 2016-04-19 | Application for leave to appeal, (Book Form), Completed on: 2016-04-19, (Electronic version filed on 2016-04-19) | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Green, Darrin | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
1, rue Notre-Dame Est
Pièce 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52067
Email: robert.benoit@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca
Party: Green, Darrin
Counsel
500, place D'Armes
Bureau 2350
Montréal, Quebec
H2Y 2W2
Telephone: (514) 288-0444
FAX: (514) 288-7772
Email: jgordon@borogroup.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law – Sentencing – Offences – Implications of upholding of sentence by Supreme Court of Canada, such as sentence upheld in R. v. Nur, 2015 SCC 15, and of principles supporting upholding of sentence for lower courts that must impose sentences in similar cases, and whether Quebec Court of Appeal erred in completely ignoring this – Where appellate court determines sentencing range for type of offence and, in particular, categories of conduct with regard to that range, whether it can ignore principles laid down by Supreme Court of Canada with respect to gravity of that type of offence and sentence level that should be associated with it.
In September 2008, when he was 19 years old, the applicant was arrested near his residence in possession of a loaded prohibited firearm in the back pocket of his pants. He had no criminal record. At the time of sentencing, he had not been charged with any new crimes. The trial judge was of the view that neither of the suggested sentences, that is, 40 months by the prosecution and 12 months by the respondent, was appropriate, and he imposed a 24 month sentence.
Lower court rulings
Court of Quebec
500-01-011952-089
Applicant sentenced to imprisonment for 24 months for possession of loaded prohibited firearm contrary to s. 95 Cr.C. and possession of firearm whose serial number had been altered, defaced or removed contrary to s. 108(1)(b) Cr.C.
Court of Appeal of Quebec (Montréal)
2016 QCCA 379, 500-10-005979-156
Appeal against sentence dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available