R. v. DeWolfe

R. v. DeWolfe

Given the seriousness and premeditation of the break and enters, the offender's prior record and probationary status, balanced against his guilty pleas, cooperation and rehabilitation efforts, the court imposed 3 years for the February 25, 2015 break and enter and 2 years consecutive for the March 9, 2015 break and enter, with possession sentences concurrent, yielding a global sentence of 5 years; the offender received 465 days remand credit (310 days served with 1.5:1 credit) resulting in a net sentence of 3 years and 266 days; the court granted a DNA order and a restitution order of $3,150.51.

Citation
2016 NSSC 14
Parties
Provincial Crown: Her Majesty the Queen; Federal Crown: Her Majesty the Queen; Accused: Trevor Edward Harold DeWolfe
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 January 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to an aggregate five years imprisonment (net sentence 3 years and 266 days after remand credit); DNA order and restitution ordered.
Legal Topics
Break and Enter, Theft, Possession of Controlled Substances, Totality Principle, Restitution, DNA Order, Pre Trial Custody Credit
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Property Offences Break and Enter Theft Possession of Controlled Substances Totality Principle +3 more

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Parties

Her Majesty the Queen

Provincial Crown

Her Majesty the Queen

Federal Crown

Trevor Edward Harold DeWolfe

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for two break and enters and two possession offences
  2. 2 Whether sentences should be consecutive or concurrent and application of totality
  3. 3 Calculation and application of pre-trial custody credit

Ratio Decidendi

Given the seriousness and premeditation of the break and enters, the offender's prior record and probationary status, balanced against his guilty pleas, cooperation and rehabilitation efforts, the court imposed 3 years for the February 25, 2015 break and enter and 2 years consecutive for the March 9, 2015 break and enter, with possession sentences concurrent, yielding a global sentence of 5 years; the offender received 465 days remand credit (310 days served with 1.5:1 credit) resulting in a net sentence of 3 years and 266 days; the court granted a DNA order and a restitution order of $3,150.51.

Court Disposition

Convicted and sentenced to an aggregate five years imprisonment (net sentence 3 years and 266 days after remand credit); DNA order and restitution ordered.

Orders

  • February 25, 2015 Break and Enter: 3 years imprisonment
  • March 9, 2015 Break and Enter: 2 years imprisonment consecutive to previous sentence