R v Nicol

In the case of R v Nicol, the defendant was sentenced for multiple charges including attempted murder, burglary, unlawful taking of a motor vehicle, and unlawful possession of a pistol. Nicol pleaded guilty to all charges except attempted murder, for which he was found guilty by a jury. The court was tasked with determining an appropriate sentence for Nicol's crimes, taking into account the severity of the attempted murder, the totality of his offending, and his previous convictions. The starting point for sentencing was set at 11 years' imprisonment, reflecting the gravity of the attempted murder and the use of a weapon. The court adjusted the starting point upwards to account for the totality of Nicol's offending over a 10-day period. Ultimately, the court imposed a sentence of 11½ years' imprisonment for the charge of attempted murder and two years' imprisonment for the other charges, with all sentences running concurrently.

Collins J detailed the facts of the attempted murder, noting that Nicol shot the victim at point-blank range with a sawn-off.22 rifle, causing serious injury but remarkably allowing the victim to survive. The court rejected Nicol's claim that the shooting was accidental. The court also considered Nicol's history of previous convictions, primarily for dishonesty, drugs, driving, and violence, but found that only the recent offending was relevant for the current sentencing. A minimum period of six years' imprisonment was imposed to hold Nicol accountable, denounce his conduct, deter him and others, and protect the community, despite acknowledging his attempts to address his methamphetamine addiction and his underlying good qualities.