R. v. Odo

R. v. Odo

The court accepted the joint recommendation and imposed a sentence of two years plus a day because the offence involved entry into a dwelling (an aggravating factor) and theft intent, balanced by mitigating factors (guilty plea, employment, cooperation and no prior B&E convictions); the sentence is within the Adams benchmark range and does not bring the administration of justice into disrepute; the court also ordered a primary-designated-offence DNA collection order, a $300 victim surcharge payable within 36 months, no contact with the victim's family while in custody, and endorsement of the committal warrant per s.743.21 of the Criminal Code.

Citation
2014 NSPC 53
Parties
Crown: Her Majesty the Queen; Accused: Robert Charles Odo
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 July 2014
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentence imposed: two years plus a day custody; DNA collection order; victim surcharge; no contact order; warrant endorsed per s.743.21 Criminal Code.
Legal Topics
Break and Enter Into Dwelling, Sentencing Benchmarks, Mitigating and Aggravating Factors, Joint Submission on Sentence, No Contact Orders, Warrant Endorsement
Source Language
English
Criminal Law Sentencing Property Offences DNA Collection Orders Victim Surcharge Break and Enter Into Dwelling Sentencing Benchmarks Mitigating and Aggravating Factors +3 more

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Parties

Her Majesty the Queen

Crown

Robert Charles Odo

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for break and enter into a dwelling contrary to para. 348(1)(a) Criminal Code
  2. 2 Weight to be afforded guilty plea and other mitigating factors
  3. 3 Whether joint recommendation would bring administration of justice into disrepute

Ratio Decidendi

The court accepted the joint recommendation and imposed a sentence of two years plus a day because the offence involved entry into a dwelling (an aggravating factor) and theft intent, balanced by mitigating factors (guilty plea, employment, cooperation and no prior B&E convictions); the sentence is within the Adams benchmark range and does not bring the administration of justice into disrepute; the court also ordered a primary-designated-offence DNA collection order, a $300 victim surcharge payable within 36 months, no contact with the victim's family while in custody, and endorsement of the committal warrant per s.743.21 of the Criminal Code.

Court Disposition

Guilty plea accepted; sentence imposed: two years plus a day custody; DNA collection order; victim surcharge; no contact order; warrant endorsed per s.743.21 Criminal Code.

Orders

  • Imprisonment in a federal institution for a period of two years plus a day.
  • Primary-designated-offence DNA collection order in relation to the 348(1)(a) count.