R. v. Rose

R. v. Rose

The court imposed a global sentence totalling 30 months custody for the enumerated offences, then deducted 19 months remand credit (1:1 credit for 1.5 months due to repeated bail breaches and offences on bail; 1.5:1 credit for 11.5 months for remand time attributable to system delays), resulting in 11 months remaining to be served; restitution of $3,444.81 and a DNA order were mandatory and a no contact order with S.P. was imposed on the warrant of committal. The judge applied Gladue factors but found no viable culturally based alternatives to incarceration and balanced denunciation, deterrence and rehabilitation.

Citation
2013 NSPC 99
Parties
Prosecution: Her Majesty the Queen; Accused: Stephen Richard Rose
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 October 2013
Procedural Posture
Criminal / Sentencing/decision on Sentence
Outcome
Accused sentenced following guilty pleas/convictions; global custodial sentence of 30 months less 19 months remand credit resulting in 11 months custody to be served; additional ancillary orders imposed.
Legal Topics
Break and Enter, Uttering Threats, Breach of Recognizance, Remand Credit Under S.719, Gladue Report and S.718.2, Restitution, DNA Order, Concurrent and Consecutive Sentencing
Source Language
English
Criminal Law Sentencing Aboriginal Law Bail/remand Credit Break and Enter Uttering Threats Breach of Recognizance Remand Credit Under S.719 +4 more

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Parties

Her Majesty the Queen

Prosecution

Stephen Richard Rose

Accused

Procedural Posture

Criminal / Sentencing/decision on Sentence

Legal Issues

  1. 1 What is a fit global sentence for multiple offences including s.348(1)(b), s.264.1(1)(a) and multiple s.145(3) breaches
  2. 2 Application and weight of Gladue factors in sentencing an Aboriginal offender
  3. 3 Appropriate pre‑sentence custody (remand) credit under s.719(3) and s.719(3.1)

Ratio Decidendi

The court imposed a global sentence totalling 30 months custody for the enumerated offences, then deducted 19 months remand credit (1:1 credit for 1.5 months due to repeated bail breaches and offences on bail; 1.5:1 credit for 11.5 months for remand time attributable to system delays), resulting in 11 months remaining to be served; restitution of $3,444.81 and a DNA order were mandatory and a no contact order with S.P. was imposed on the warrant of committal. The judge applied Gladue factors but found no viable culturally based alternatives to incarceration and balanced denunciation, deterrence and rehabilitation.

Court Disposition

Accused sentenced following guilty pleas/convictions; global custodial sentence of 30 months less 19 months remand credit resulting in 11 months custody to be served; additional ancillary orders imposed.

Orders

  • September 10, 2011 (s.348(1)(b)) – 24 months custody, less remand credit of 19 months
  • April 3, 2012 (s.264.1(1)(a)) – 3 months consecutive