R. v. MacLeod

R. v. MacLeod

The court accepted the authentic joint recommendation as fit and not manifestly inadequate, used the three-year benchmark for the break-and-enter dwelling as the starting point (36 months), imposed consecutive and concurrent short terms on multiple counts to reach a global sentence of 54 months, ordered a DNA collection order for the primary-designated offence, waived victim surcharge due to undue hardship, and endorsed the warrant to recommend assessment and treatment for substance and mental health issues.

Citation
2012 NSPC 71
Parties
Prosecution: Her Majesty the Queen; Defence: Steven James MacLeod
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 August 2012
Procedural Posture
Criminal Sentencing / Sentencing Hearing; Written Decision Issued
Outcome
Accused sentenced to imprisonment; joint recommendation accepted
Legal Topics
Break and Enter (dwelling), Theft, Possession of Property Obtained by Crime, Property Damage, Escape From Lawful Custody, Victim Surcharge, DNA Collection Order, Joint Sentencing Recommendation, Mitigation (remorse, Addiction, Youth)
Source Language
English
Criminal Law Sentencing Break and Enter (dwelling) Theft Possession of Property Obtained by Crime Property Damage Escape From Lawful Custody Victim Surcharge +3 more

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Parties

Her Majesty the Queen

Prosecution

Steven James MacLeod

Defence

Procedural Posture

Criminal Sentencing / Sentencing Hearing; Written Decision Issued

Legal Issues

  1. 1 Appropriate global sentence for multiple property offences including break-and-enter into a dwelling
  2. 2 Weight to give a joint recommendation by experienced counsel
  3. 3 Application of a three-year benchmark for break-and-enter-dwelling as a starting point

Ratio Decidendi

The court accepted the authentic joint recommendation as fit and not manifestly inadequate, used the three-year benchmark for the break-and-enter dwelling as the starting point (36 months), imposed consecutive and concurrent short terms on multiple counts to reach a global sentence of 54 months, ordered a DNA collection order for the primary-designated offence, waived victim surcharge due to undue hardship, and endorsed the warrant to recommend assessment and treatment for substance and mental health issues.

Court Disposition

Accused sentenced to imprisonment; joint recommendation accepted

Orders

  • Accused sentenced to a global term of 54 months imprisonment (4.5 years)
  • Sentence on count 2435749 (s.348(1)(b) break and enter into dwelling) set as the 36-month starting point