R. v. Berg

R. v. Berg

The court exercised its sentencing discretion and concluded the accused breached his conditional sentence by asserting a residence while refusing to disclose its location; despite some possible miscommunication and difficult personal circumstances, the breach warranted suspension of the conditional sentence and imposition of five months' custody, with the conditional sentence conditions to resume on release absent a successful variation application.

Citation
2014 BCSC 1181
Parties
Crown/prosecution: Regina; Accused/defendant: Timothy Ralph Berg
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 May 2014
Procedural Posture
Criminal Breach of Conditional Sentence / Sentencing (oral Reasons for Sentence)
Outcome
Conditional sentence order suspended; accused sentenced to five months' imprisonment; on release the conditional sentence order and its conditions will continue unless varied by application.
Legal Topics
Conditional Sentence Order, Breach of Condition, Suspension of Conditional Sentence, Imprisonment
Source Language
English
Criminal Law Sentencing Conditional Sentence Conditional Sentence Order Breach of Condition Suspension of Conditional Sentence Imprisonment

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Parties

Regina

Crown/prosecution

Timothy Ralph Berg

Accused/defendant

Procedural Posture

Criminal Breach of Conditional Sentence / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether the conditional sentence order should be suspended for breach of conditions
  2. 2 What length of custodial sentence is appropriate following suspension of a conditional sentence
  3. 3 Whether miscommunication with conditional sentence supervisors excuses non‑compliance

Ratio Decidendi

The court exercised its sentencing discretion and concluded the accused breached his conditional sentence by asserting a residence while refusing to disclose its location; despite some possible miscommunication and difficult personal circumstances, the breach warranted suspension of the conditional sentence and imposition of five months' custody, with the conditional sentence conditions to resume on release absent a successful variation application.

Court Disposition

Conditional sentence order suspended; accused sentenced to five months' imprisonment; on release the conditional sentence order and its conditions will continue unless varied by application.

Orders

  • Suspend the conditional sentence order and impose five months' imprisonment.
  • On release from custody the conditional sentence order (CSO) will continue with the same conditions unless an application is made to change them.