R. v. Greencorn

R. v. Greencorn

The offender was sentenced to three years imprisonment for break and enter into a dwelling because the offence constituted a home-invasion under s.348.1 with aggravating features (occupied dwelling, threats of violence, recklessness), compounded by prior youth break-and-enter convictions; denunciation and deterrence outweighed mitigating factors though concurrent shorter sentences were imposed for related offences, the victim surcharge was waived for undue hardship, a five-year prohibition under s.110 was ordered and a primary-designated-offence DNA order was made.

Citation
2013 NSPC 112
Parties
Crown: Her Majesty the Queen; Accused: Matthew David William Greencorn
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 November 2013
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to custody and ancillary orders as set out below
Legal Topics
Break and Enter Into Dwelling, Escape Lawful Custody, Resist Arrest, Fail to Attend Court, DNA Collection Order, Prohibition Order, Victim Surcharge
Source Language
English
Criminal Law Sentencing Break and Enter Into Dwelling Escape Lawful Custody Resist Arrest Fail to Attend Court DNA Collection Order Prohibition Order +1 more

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Parties

Her Majesty the Queen

Crown

Matthew David William Greencorn

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for break and enter into a dwelling (home invasion)
  2. 2 Application of s.348.1 aggravating circumstances
  3. 3 Weight of prior youth convictions and admissibility under YCJA s.119(9)

Ratio Decidendi

The offender was sentenced to three years imprisonment for break and enter into a dwelling because the offence constituted a home-invasion under s.348.1 with aggravating features (occupied dwelling, threats of violence, recklessness), compounded by prior youth break-and-enter convictions; denunciation and deterrence outweighed mitigating factors though concurrent shorter sentences were imposed for related offences, the victim surcharge was waived for undue hardship, a five-year prohibition under s.110 was ordered and a primary-designated-offence DNA order was made.

Court Disposition

Accused sentenced to custody and ancillary orders as set out below

Orders

  • Three years imprisonment for break and enter into a dwelling (s.348(1)(b))
  • Three months imprisonment for escape from lawful custody, to be served concurrently