R. v. Jeans

R. v. Jeans

Given the substantial public safety risk from tampering with vessels, the number of offences, aggravating factors, and after applying greater-than-one-to-one remand credit and the principle of totality, the appropriate sentence is a total custodial term of two years plus one day with DNA collection and no victim surcharge; probation is not available following a sentence exceeding two years.

Citation
2013 NSPC 118
Parties
Crown: Her Majesty the Queen; Accused: Paul Ivan Jeans Jr.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 December 2013
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas accepted; total sentence imposed of two years plus one day imprisonment; no probation; DNA collection order; no victim surcharge.
Legal Topics
Break and Enter (vessels), Breach of Recognizance, Remand Credit, Totality Principle, Victim Surcharge Exemption, DNA Collection Order, Consideration of Uncharged Allegations
Source Language
English
Criminal Law Sentencing Bail Property Offences Maritime Safety Break and Enter (vessels) Breach of Recognizance Remand Credit +4 more

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Parties

Her Majesty the Queen

Crown

Paul Ivan Jeans Jr.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple vessel break-and-enter offences
  2. 2 Appropriate sentence for breach of recognizance breaches
  3. 3 Whether to apply greater-than-one-to-one remand credit

Ratio Decidendi

Given the substantial public safety risk from tampering with vessels, the number of offences, aggravating factors, and after applying greater-than-one-to-one remand credit and the principle of totality, the appropriate sentence is a total custodial term of two years plus one day with DNA collection and no victim surcharge; probation is not available following a sentence exceeding two years.

Court Disposition

Guilty pleas accepted; total sentence imposed of two years plus one day imprisonment; no probation; DNA collection order; no victim surcharge.

Orders

  • Total sentence of two years and one day imprisonment.
  • Counts 1–11 (break-and-enter counts): each 2 months imprisonment, ordered consecutive.