R. v. Marriott

R. v. Marriott

Given the high moral blameworthiness, scope and planning of the offences denunciation and deterrence required significant custody, but the defendants' lack of prior record, genuine remorse, demonstrated rehabilitation efforts and first‑time offender status mandated restraint and application of the totality principle,resulting in custodial sentences lower than the arithmetic aggregate: Ryan 3.5 years (aggregate after totality reduction) and Jason 3 years, with primary DNA orders and no victim surcharge.

Citation
2015 NSPC 5
Parties
Crown: Her Majesty the Queen; Accused: Ryan Marriott; Accused: Jason Marriott
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 February 2015
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Both accused pleaded guilty and were sentenced to federal custody: Ryan Marriott sentenced to 3.5 years imprisonment; Jason Marriott sentenced to 3 years imprisonment.
Legal Topics
Break and Enter, Theft, Totality Principle, Mitigation by Addiction, Denunciation and Deterrence
Source Language
English
Criminal Law Sentencing Property Offences Break and Enter Theft Totality Principle Mitigation by Addiction Denunciation and Deterrence

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Parties

Her Majesty the Queen

Crown

Ryan Marriott

Accused

Jason Marriott

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate length of custodial sentences for multiple, methodical residential break and enters by first‑time offenders
  2. 2 Whether and how to impose consecutive versus concurrent sentences and apply the totality principle
  3. 3 Treatment of gambling addiction as mitigation

Ratio Decidendi

Given the high moral blameworthiness, scope and planning of the offences denunciation and deterrence required significant custody, but the defendants' lack of prior record, genuine remorse, demonstrated rehabilitation efforts and first‑time offender status mandated restraint and application of the totality principle,resulting in custodial sentences lower than the arithmetic aggregate: Ryan 3.5 years (aggregate after totality reduction) and Jason 3 years, with primary DNA orders and no victim surcharge.

Court Disposition

Both accused pleaded guilty and were sentenced to federal custody: Ryan Marriott sentenced to 3.5 years imprisonment; Jason Marriott sentenced to 3 years imprisonment.

Orders

  • Ryan Marriott: 3.5 years imprisonment (federal)
  • Jason Marriott: 3 years imprisonment (federal)