R. v. Sutherland

R. v. Sutherland

Given the high statutory maximum but the offender's low degree of moral blameworthiness, youth, lack of prior record, cooperation, genuine remorse, demonstrable rehabilitation efforts and compliance with strict release conditions, the appropriate and proportionate sentence is to suspend passing of sentence and impose a 36-month probation order with strict residential, supervisory, treatment, community service and non-association conditions; impose mandatory DNA collection under s.487.051 and a ten-year firearms prohibition under s.109(2).

Citation
2019 NSPC 17
Parties
Crown: Her Majesty the Queen; Accused: Jesse Mae Sutherland
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 February 2019
Procedural Posture
Criminal Indictable Offence (conspiracy to Commit Robbery) / Sentencing Hearing (guilty Plea Entered)
Outcome
Passing of sentence suspended; offender placed on probation for 36 months with strict conditions; mandatory DNA order and 10-year firearms/weapon prohibition under s.109(2) imposed.
Legal Topics
Conspiracy, Robbery, Sentencing, Probation, Ancillary Orders (dna Collection), Firearms Prohibition, Mental Health Mitigation
Source Language
English
Criminal Law Conspiracy Robbery Sentencing Probation Ancillary Orders (dna Collection) Firearms Prohibition Mental Health Mitigation

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Parties

Her Majesty the Queen

Crown

Jesse Mae Sutherland

Accused

Procedural Posture

Criminal Indictable Offence (conspiracy to Commit Robbery) / Sentencing Hearing (guilty Plea Entered)

Legal Issues

  1. 1 What is a just and appropriate sentence for a guilty plea to conspiracy to commit robbery contrary to s.465(1)(c) Criminal Code?
  2. 2 Whether a community-based sanction is appropriate despite statutory bar on CSO
  3. 3 Application of s.718 principles (proportionality, deterrence, denunciation, rehabilitation, restraint)

Ratio Decidendi

Given the high statutory maximum but the offender's low degree of moral blameworthiness, youth, lack of prior record, cooperation, genuine remorse, demonstrable rehabilitation efforts and compliance with strict release conditions, the appropriate and proportionate sentence is to suspend passing of sentence and impose a 36-month probation order with strict residential, supervisory, treatment, community service and non-association conditions; impose mandatory DNA collection under s.487.051 and a ten-year firearms prohibition under s.109(2).

Court Disposition

Passing of sentence suspended; offender placed on probation for 36 months with strict conditions; mandatory DNA order and 10-year firearms/weapon prohibition under s.109(2) imposed.

Orders

  • Suspend passing of sentence
  • Probation for a period of thirty-six months