R. v. Jesso

R. v. Jesso

Because the accused was a first offender who showed remorse, cooperated, remained at the scene, and posed minimal risk of reoffending, the court found he was not a danger to the community and that the principles of denunciation, deterrence and protection could be met by a properly conditioned conditional sentence of 20 months to be served in the community under s.742.1, rather than by incarceration.

Citation
2006 NSPC 30
Parties
Crown: Her Majesty the Queen; Accused: Terrance Michael Jesso
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 June 2006
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence order of twenty months to be served in the community under Criminal Code s.742.1
Legal Topics
Conditional Sentence, Danger to the Community Assessment, Denunciation and Deterrence, Victim Injuries
Source Language
English
Criminal Law Sentencing Impaired Driving Conditional Sentence Danger to the Community Assessment Denunciation and Deterrence Victim Injuries

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Parties

Her Majesty the Queen

Crown

Terrance Michael Jesso

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for a s.255(2) impaired driving causing bodily harm offence
  2. 2 Whether the accused constitutes a danger to the community
  3. 3 Whether general deterrence and denunciation require incarceration

Ratio Decidendi

Because the accused was a first offender who showed remorse, cooperated, remained at the scene, and posed minimal risk of reoffending, the court found he was not a danger to the community and that the principles of denunciation, deterrence and protection could be met by a properly conditioned conditional sentence of 20 months to be served in the community under s.742.1, rather than by incarceration.

Court Disposition

Conditional sentence order of twenty months to be served in the community under Criminal Code s.742.1

Orders

  • Keep the peace and be of good behaviour.
  • Appear before the Court when required to do so by the Court.