R. v. P.A.N.

R. v. P.A.N.

The court accepted the joint recommendation of eight years' imprisonment and, applying s.743.6, ordered that one-half of the sentence must be served before eligibility for full parole because the serious reprehensible nature of the home invasion sexual assault of a vulnerable elderly victim, combined with the offender's extensive criminal record and prior custodial sentences having little rehabilitative effect, required strong denunciation and specific deterrence.

Citation
2002 NSSC 112
Parties
Crown: Her Majesty the Queen; Accused: P. A. N.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 April 2002
Procedural Posture
Criminal / Sentencing Decision
Outcome
Accused convicted on guilty pleas and sentenced to eight years' incarceration on each count to be served concurrently; s.743.6 order that one-half of sentence be served before eligibility for full parole; lifetime firearms/ammunition/explosives ban imposed; DNA sampling order made; victim surcharge waived.
Legal Topics
Break and Enter, Sexual Assault, Victim Impact, Parole Ineligibility (s.743.6), DNA Sampling Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Parole Law Sexual Offences Break and Enter Sexual Assault Victim Impact Parole Ineligibility (s.743.6) +2 more

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Parties

Her Majesty the Queen

Crown

P. A. N.

Accused

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Appropriate custodial sentence for break and enter with sexual assault of an elderly victim
  2. 2 Whether to impose a s.743.6 order increasing parole ineligibility
  3. 3 Assessment of aggravating and mitigating factors

Ratio Decidendi

The court accepted the joint recommendation of eight years' imprisonment and, applying s.743.6, ordered that one-half of the sentence must be served before eligibility for full parole because the serious reprehensible nature of the home invasion sexual assault of a vulnerable elderly victim, combined with the offender's extensive criminal record and prior custodial sentences having little rehabilitative effect, required strong denunciation and specific deterrence.

Court Disposition

Accused convicted on guilty pleas and sentenced to eight years' incarceration on each count to be served concurrently; s.743.6 order that one-half of sentence be served before eligibility for full parole; lifetime firearms/ammunition/explosives ban imposed; DNA sampling order made; victim surcharge waived.

Orders

  • Eight years' imprisonment on each count, concurrent
  • Accused must serve one-half of the eight year sentence before becoming eligible for full parole (s.743.6 order)