R. v. Jeffrey

Parties

Procedural Posture

Criminal Indictments for Break and Enter and Drug Offences / Sentencing

Legal Issues

1. 1 Whether a conditional sentence was available and appropriate for the break and enter offences given related consecutive sentencing for drug offences
2. 2 Appropriate length and structure (concurrent vs consecutive) of sentences for break and enter and for trafficking/possession for the purpose of trafficking
3. 3 Whether custody credit and totality principles require adjustment

Ratio Decidendi

The court held that a conditional sentence was not available or appropriate: not available in law because imposing a conditional sentence for the break and enters while imposing a consecutive custodial sentence for the drug offences would result in an aggregate effective sentence equal to or exceeding two years contrary to s.742.1 and jurisprudence; not appropriate because the offender committed serious offences while on parole and on bail, demonstrating inability to comply with supervision and posing risk to public safety. The court imposed custodial sentences: two years concurrent on the two break and enter counts; seven-and-one-half months concurrent on the two drug counts but...

Court Disposition

Guilty pleas accepted; custodial sentences imposed; ancillary orders granted; conditional sentence rejected as unavailable and inappropriate

Orders

• Imprisonment: Counts 1 and 2, Indictment 54529 — two years imprisonment on each count, to be served concurrent with one another
• Imprisonment: Counts 1 and 2, Indictment 54983 — seven and one half months imprisonment on each count, to be served concurrent with one another but consecutive to the two-year sentences on Indictment 54529 (seven and one half month terms reflect time in custody prior to sentencing)