R. v. Crowther

R. v. Crowther

The Court accepted the joint submission as reasonable and not bringing the administration of justice into disrepute, applied mitigating factors (guilty plea, impulsivity/provocation, remoteness of record) and aggravating factors (public endangerment, property damage), and imposed an aggregate custodial sentence of two years plus one day with specified concurrent and consecutive components; ancillary orders including DNA collection, driving prohibition, firearms prohibitions, restitution, victim surcharges and a no-contact endorsement were ordered as described.

Citation
2014 NSPC 64
Parties
Crown: Her Majesty the Queen; Accused: Jason Earl Crowther
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 August 2014
Procedural Posture
Criminal Indictable / Sentencing
Outcome
Guilty pleas accepted; convicted and sentenced
Legal Topics
Assault of a Peace Officer, Dangerous Driving, Uttering Threats, Property Damage / Mischief, Restitution, DNA Collection Order, Driving Prohibition, Firearms Prohibition, Victim Surcharge, No Contact Order, Joint Submission on Sentence
Source Language
English
Criminal Law Sentencing Assault of a Peace Officer Dangerous Driving Uttering Threats Property Damage / Mischief Restitution DNA Collection Order +5 more

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Parties

Her Majesty the Queen

Crown

Jason Earl Crowther

Accused

Procedural Posture

Criminal Indictable / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offences including assault of a peace officer, dangerous driving, uttering threats and property damage
  2. 2 Weight to be given to mitigation: guilty plea, impulsivity/provocation and remoteness of prior record
  3. 3 Weight to be given to aggravating factors: public endangerment and property damage

Ratio Decidendi

The Court accepted the joint submission as reasonable and not bringing the administration of justice into disrepute, applied mitigating factors (guilty plea, impulsivity/provocation, remoteness of record) and aggravating factors (public endangerment, property damage), and imposed an aggregate custodial sentence of two years plus one day with specified concurrent and consecutive components; ancillary orders including DNA collection, driving prohibition, firearms prohibitions, restitution, victim surcharges and a no-contact endorsement were ordered as described.

Court Disposition

Guilty pleas accepted; convicted and sentenced

Orders

  • Assault (s.270(1)(a) CC): 1 year custody
  • Dangerous driving (s.249(1)(a) CC): 1 year custody, to be served concurrently with s.270 sentence