R v Naugle

R v Naugle

Given the offence facts (non-forced entry, single laptop theft, high victim impact but no violence), the offender's lower-to-mid culpability, positive presentence report, long gap since prior offences, and the statutory mandate to prioritize restraint under s.718.2, the court suspended passing of sentence on the break-and-enter and imposed three years probation with conditions and a primary-designated DNA order; the CDSA possession count was sentenced to one day in custody served by court appearance.

Citation
2019 NSPC 53
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Sean Anthony Naugle
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 July 2019
Procedural Posture
Criminal Sentencing / Sentencing Hearing / Sentence Imposed (probation; Custodial on CDSA Count)
Outcome
Case 8239581 (CDSA s.4(1)): one day in jail served by court appearance. Case 8239436 (Criminal Code s.348(1)(b)): passing of sentence suspended; three years probation with conditions; primary-designated DNA order; ancillary orders granted.
Legal Topics
Break and Enter (dwelling), Sentencing Principles (proportionality; Restraint), Victim Impact, DNA Collection Order, Probation, Possession of Cannabis (cdsa S.4(1))
Source Language
English
Criminal Law Sentencing Controlled Substances Law Break and Enter (dwelling) Sentencing Principles (proportionality; Restraint) Victim Impact DNA Collection Order Probation +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

Sean Anthony Naugle

Accused/defendant

Procedural Posture

Criminal Sentencing / Sentencing Hearing / Sentence Imposed (probation; Custodial on CDSA Count)

Legal Issues

  1. 1 Appropriate sentence for break-and-enter of a dwelling
  2. 2 Application and primacy of s.718.2 principles (restraint; consider non-custodial sanctions)
  3. 3 Role and weight of victim impact and offender moral culpability

Ratio Decidendi

Given the offence facts (non-forced entry, single laptop theft, high victim impact but no violence), the offender's lower-to-mid culpability, positive presentence report, long gap since prior offences, and the statutory mandate to prioritize restraint under s.718.2, the court suspended passing of sentence on the break-and-enter and imposed three years probation with conditions and a primary-designated DNA order; the CDSA possession count was sentenced to one day in custody served by court appearance.

Court Disposition

Case 8239581 (CDSA s.4(1)): one day in jail served by court appearance. Case 8239436 (Criminal Code s.348(1)(b)): passing of sentence suspended; three years probation with conditions; primary-designated DNA order; ancillary orders granted.

Orders

  • Case 8239581: Sentence of one day custody served by court appearance for possession contrary to CDSA s.4(1).
  • Case 8239436: Passing of sentence suspended; probation for three years with conditions including keep the peace and be of good behaviour; report to court as directed; report to community corrections by 16:00 5 July 2019 and thereafter as required; not be within 100 metres of complainants' home; no contact with...