R. v. Davidson

R. v. Davidson

A custodial sentence was necessary because the offences involved calculated, targeted residential break and enter with significant planning and high offender responsibility; conditional sentence was excluded under Proulx; after crediting mitigating factors (youth, plea, rehabilitation) the court reduced the benchmark sentence and imposed 2 years custody for the break and enter, 1 year consecutive for the attempt, and a concurrent one-day sentence for the summary theft, totaling three years; victim fine surcharges were waived and a DNA collection order was directed for the indictable break and enter offence.

Citation
2011 NSPC 14
Parties
Crown: Her Majesty the Queen; Accused: Jeremy Logan Davidson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 March 2011
Procedural Posture
Criminal / Sentencing Hearing / Decision
Outcome
Accused sentenced to custody following guilty pleas; total custody three years; DNA collection order made; victim fine surcharges waived.
Legal Topics
Break and Enter, Theft, Conditional Sentence, Totality Principle, Victim Fine Surcharge, DNA Collection Order, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Property Offences Break and Enter Theft Conditional Sentence Totality Principle Victim Fine Surcharge +2 more

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Parties

Her Majesty the Queen

Crown

Jeremy Logan Davidson

Accused

Procedural Posture

Criminal / Sentencing Hearing / Decision

Legal Issues

  1. 1 Appropriate custodial sentence for break and enter into a dwelling and related attempt
  2. 2 Whether a conditional sentence is appropriate
  3. 3 Application of totality principle to consecutive and concurrent sentences

Ratio Decidendi

A custodial sentence was necessary because the offences involved calculated, targeted residential break and enter with significant planning and high offender responsibility; conditional sentence was excluded under Proulx; after crediting mitigating factors (youth, plea, rehabilitation) the court reduced the benchmark sentence and imposed 2 years custody for the break and enter, 1 year consecutive for the attempt, and a concurrent one-day sentence for the summary theft, totaling three years; victim fine surcharges were waived and a DNA collection order was directed for the indictable break and enter offence.

Court Disposition

Accused sentenced to custody following guilty pleas; total custody three years; DNA collection order made; victim fine surcharges waived.

Orders

  • Count 1 (break and enter, s.348(1)(b)): Two years imprisonment (federal)
  • Count 2 (attempt break and enter, s.348(1)(a)-s.463(a)): One year imprisonment, to be served consecutively to Count 1