R. v. Gannon

R. v. Gannon

A conditional sentence of 12 months served in the community was appropriate because the accused is a youthful first offender with a low risk of re-offending, the statutory criteria in s.742.1 are satisfied (term under two years, no minimum term, community safety not endangered), and a lengthy, onerous conditional sentence with strict house arrest/curfew and other conditions can achieve denunciation, deterrence and rehabilitation; therefore custody in a penitentiary was not required but significant restrictive conditions plus probation and ancillary orders were necessary.

Citation
2015 NSPC 97
Parties
Crown: Her Majesty the Queen; Accused: Kyle Gannon
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 September 2015
Procedural Posture
Criminal Assault Causing Bodily Harm / Sentencing Decision
Outcome
Conditional sentence of imprisonment in the community for 12 months; followed by probation for 18 months; ancillary orders imposed including prohibition order, community service, victim surcharge and DNA order.
Legal Topics
Assault Causing Bodily Harm, Conditional Sentence, Probation, Parity/disparity in Sentencing, Victim Surcharge, DNA Order, Prohibition Order S.110
Source Language
English
Criminal Law Sentencing Assault Causing Bodily Harm Conditional Sentence Probation Parity/disparity in Sentencing Victim Surcharge DNA Order +1 more

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Parties

Her Majesty the Queen

Crown

Kyle Gannon

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Sentencing Decision

Legal Issues

  1. 1 Whether a conditional sentence under s.742.1 is available and appropriate
  2. 2 Application of s.718, s.718.1 and s.718.2 sentencing principles (proportionality, deterrence, denunciation, rehabilitation, restraint)
  3. 3 Assessment of community safety and risk of re-offending

Ratio Decidendi

A conditional sentence of 12 months served in the community was appropriate because the accused is a youthful first offender with a low risk of re-offending, the statutory criteria in s.742.1 are satisfied (term under two years, no minimum term, community safety not endangered), and a lengthy, onerous conditional sentence with strict house arrest/curfew and other conditions can achieve denunciation, deterrence and rehabilitation; therefore custody in a penitentiary was not required but significant restrictive conditions plus probation and ancillary orders were necessary.

Court Disposition

Conditional sentence of imprisonment in the community for 12 months; followed by probation for 18 months; ancillary orders imposed including prohibition order, community service, victim surcharge and DNA order.

Orders

  • Conditional sentence of 12 months to be served in the community under s.742.1 with stringent conditions including initial nine months house arrest and a subsequent three-month nightly curfew (10:00 pm to 6:00 am)
  • Reside at 3392 Federal Avenue, Halifax unless court permission obtained