R. v. K.R.

R. v. K.R.

A CSO was not available because the accused was convicted of a serious personal injury offence as defined by s.752; weighing aggravating factors (home invasion, abuse of person under 18, adult as instigator) and limited mitigation, the appropriate sentence is two years' imprisonment; impose DNA order under s.487.051, a mandatory 10-year firearms prohibition plus lifetime prohibition for prohibited items, and enter a conditional stay on the separate s.266 assault conviction to avoid double punishment under Kienapple; victim fine surcharge waived.

Citation
2014 NSPC 41
Parties
Crown: Her Majesty the Queen; Accused: K.R.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 May 2014
Procedural Posture
Criminal / Sentencing Decision
Outcome
Accused found guilty and sentenced to 2 years' imprisonment; CSO not available; conditional stay entered on s.266 assault; DNA order and firearms prohibitions imposed; victim fine surcharge waived
Legal Topics
Break and Enter, Assault, Aiding and Abetting, Conditional Sentence Order, Serious Personal Injury Offence, DNA Order, Firearms Prohibition, Kienapple Double Jeopardy
Source Language
English
Criminal Law Sentencing Youth Justice Break and Enter Assault Aiding and Abetting Conditional Sentence Order Serious Personal Injury Offence +3 more

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Parties

Her Majesty the Queen

Crown

K.R.

Accused

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Whether a Conditional Sentence Order (CSO) was available given the conviction for a serious personal injury offence under s.752
  2. 2 Appropriate sentence for break and enter with commission of assault (s.348(1)(b)) and role of benchmark cases
  3. 3 Application of party liability under s.21 to increase moral responsibility

Ratio Decidendi

A CSO was not available because the accused was convicted of a serious personal injury offence as defined by s.752; weighing aggravating factors (home invasion, abuse of person under 18, adult as instigator) and limited mitigation, the appropriate sentence is two years' imprisonment; impose DNA order under s.487.051, a mandatory 10-year firearms prohibition plus lifetime prohibition for prohibited items, and enter a conditional stay on the separate s.266 assault conviction to avoid double punishment under Kienapple; victim fine surcharge waived.

Court Disposition

Accused found guilty and sentenced to 2 years' imprisonment; CSO not available; conditional stay entered on s.266 assault; DNA order and firearms prohibitions imposed; victim fine surcharge waived

Orders

  • Impose 2 years imprisonment in a federal penitentiary
  • Order DNA sample pursuant to Criminal Code s.487.051