R. v. Pilgrim

R. v. Pilgrim

Given repeated and recent breaches of court orders, predatory conduct targeting vulnerable persons, significant diversion of policing resources, and an extensive record of similar offences, a custodial federal sentence totalling 24 months was necessary for denunciation and deterrence; the appropriate custodial term excluded a conditional sentence under s.742.1 and justified consecutive terms under the totality analysis; probation and specific prohibitions were imposed thereafter and victim surcharge was declined due to undue hardship.

Citation
2013 NSPC 60
Parties
Crown: Her Majesty the Queen; Accused: Barry Ronald Pilgrim
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 July 2013
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Accused sentenced to 24 months imprisonment (federal sentence) followed by 12 months probation; no victim surcharge imposed
Legal Topics
Breach of Probation, Conditional Sentence Eligibility, Interference With Property, Causing a Disturbance, Totality Principle, Victim Surcharge
Source Language
English
Criminal Law Sentencing Probation Law Breach of Probation Conditional Sentence Eligibility Interference With Property Causing a Disturbance Totality Principle +1 more

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Parties

Her Majesty the Queen

Crown

Barry Ronald Pilgrim

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether a conditional sentence was available or appropriate
  2. 2 Appropriate length and concurrency/consecutivity of sentences under totality principle
  3. 3 Aggravating and mitigating factors relevant to denunciation and deterrence

Ratio Decidendi

Given repeated and recent breaches of court orders, predatory conduct targeting vulnerable persons, significant diversion of policing resources, and an extensive record of similar offences, a custodial federal sentence totalling 24 months was necessary for denunciation and deterrence; the appropriate custodial term excluded a conditional sentence under s.742.1 and justified consecutive terms under the totality analysis; probation and specific prohibitions were imposed thereafter and victim surcharge was declined due to undue hardship.

Court Disposition

Accused sentenced to 24 months imprisonment (federal sentence) followed by 12 months probation; no victim surcharge imposed

Orders

  • Case #2397489 (breach of probation, indictable): 4 months imprisonment (concurrent/start of aggregate sentence).
  • Case #2420683 (breach of probation, indictable): 5 months imprisonment consecutive.