R. v. Allen

R. v. Allen

Given multiple early breaches, prior history of non‑compliance and supervisory difficulties, the court concluded that the conditional sentence order must be collapsed and the remainder of the custodial sentence served in custody, with custody credit to run from the time the accused was in custody following issuance of the warrant (as applied under R. v. Atkinson).

Citation
2012 NSPC 23
Parties
Prosecution: Her Majesty the Queen; Accused: Mark Timothy Allen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 January 2012
Procedural Posture
Breach of Conditional Sentence Order / Decision After Finding of Breach / Revocation Hearing
Outcome
Conditional sentence order collapsed; remainder of sentence ordered to be served in custody.
Legal Topics
Conditional Sentence, Breach of Sentence, Custodial Time Calculation, Credit for Time in Custody
Source Language
English
Criminal Law Sentencing Conditional Sentence Breach of Sentence Custodial Time Calculation Credit for Time in Custody

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Parties

Her Majesty the Queen

Prosecution

Mark Timothy Allen

Accused

Procedural Posture

Breach of Conditional Sentence Order / Decision After Finding of Breach / Revocation Hearing

Legal Issues

  1. 1 Whether the conditional sentence order should be suspended/collapsed for multiple breaches
  2. 2 Whether the unexpired portion of the conditional sentence should be served in custody and when custody credit should commence

Ratio Decidendi

Given multiple early breaches, prior history of non‑compliance and supervisory difficulties, the court concluded that the conditional sentence order must be collapsed and the remainder of the custodial sentence served in custody, with custody credit to run from the time the accused was in custody following issuance of the warrant (as applied under R. v. Atkinson).

Court Disposition

Conditional sentence order collapsed; remainder of sentence ordered to be served in custody.

Orders

  • Collapse the conditional sentence order and commit the accused to serve the unexpired portion of the sentence in custody
  • Time to be calculated as commencing from when the accused was in custody (Friday) and the remaining term was determined as 522 days