R. v. Cyr

R. v. Cyr

The accused breached fundamental conditions of his CSOs by possessing controlled substances, drug‑related paraphernalia and a prohibited firearm; the multiple conditional sentences merge for calculation under s.139 CCRA yielding 423 days remaining; given the seriousness of the breaches and the Proulx presumption favoring custody, the appropriate disposition is termination of the CSO and committal to custody for the remaining 423 days.

Citation
2014 NSPC 6
Parties
Crown: Her Majesty the Queen; Accused: Donald Roy William Cyr
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 February 2014
Procedural Posture
Criminal / Breach Hearing (s.742.6) / Disposition
Outcome
Conditional sentence order terminated; accused committed to custody for remaining 423 days.
Legal Topics
Conditional Sentence Breach, Sentence Calculation, Firearms Prohibition, Drug Possession, Consecutive Sentences
Source Language
English
Criminal Law Sentencing Corrections Conditional Sentence Breach Sentence Calculation Firearms Prohibition Drug Possession Consecutive Sentences

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Parties

Her Majesty the Queen

Crown

Donald Roy William Cyr

Accused

Procedural Posture

Criminal / Breach Hearing (s.742.6) / Disposition

Legal Issues

  1. 1 Whether the accused breached the conditions of his conditional sentence order under s.742.6 of the Criminal Code
  2. 2 Proper calculation of remaining time where multiple conditional sentences are consecutive (application of s.139 CCRA)
  3. 3 Whether the conditional sentence should be terminated and the unserved portion served in custody

Ratio Decidendi

The accused breached fundamental conditions of his CSOs by possessing controlled substances, drug‑related paraphernalia and a prohibited firearm; the multiple conditional sentences merge for calculation under s.139 CCRA yielding 423 days remaining; given the seriousness of the breaches and the Proulx presumption favoring custody, the appropriate disposition is termination of the CSO and committal to custody for the remaining 423 days.

Court Disposition

Conditional sentence order terminated; accused committed to custody for remaining 423 days.

Orders

  • Pursuant to para. 742.6(9)(d) of the Criminal Code the conditional‑sentence order is terminated.
  • Accused committed to custody for the remaining 423 days.