R. v. Hamm

R. v. Hamm

The judge found denunciation and deterrence required a custodial component but, balancing offender youth, remorse, lack of record, positive PSR, restorative justice outcomes and the rehabilitative impact of longer custody, a 90-day custodial sentence served intermittently is fit. That custodial term is coupled with three years probation (including prohibitions on alcohol, cannabis and non-prescribed drugs and treatment requirements), a five-year driving prohibition and a DNA order under s.487.04(b). This combination satisfies proportionality, deterrence and rehabilitation objectives.

Citation
2019 NSPC 23
Parties
Crown: Her Majesty the Queen; Accused: Jesse Leo Hamm
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 August 2019
Procedural Posture
Criminal Dangerous Driving Causing Bodily Harm / Sentencing
Outcome
Accused convicted on two counts of dangerous driving causing bodily harm; sentenced to 90 days custody to be served intermittently, three years probation, five-year driving prohibition and DNA order
Legal Topics
Dangerous Driving Causing Bodily Harm, Driving Prohibition, Probation, DNA Order, Restorative Justice, Mitigation and Aggravation
Source Language
English
Criminal Law Sentencing Road Traffic Law Dangerous Driving Causing Bodily Harm Driving Prohibition Probation DNA Order Restorative Justice +1 more

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Parties

Her Majesty the Queen

Crown

Jesse Leo Hamm

Accused

Procedural Posture

Criminal Dangerous Driving Causing Bodily Harm / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous driving causing bodily harm
  2. 2 Whether custodial custody is required and length
  3. 3 Whether intermittent custody is appropriate

Ratio Decidendi

The judge found denunciation and deterrence required a custodial component but, balancing offender youth, remorse, lack of record, positive PSR, restorative justice outcomes and the rehabilitative impact of longer custody, a 90-day custodial sentence served intermittently is fit. That custodial term is coupled with three years probation (including prohibitions on alcohol, cannabis and non-prescribed drugs and treatment requirements), a five-year driving prohibition and a DNA order under s.487.04(b). This combination satisfies proportionality, deterrence and rehabilitation objectives.

Court Disposition

Accused convicted on two counts of dangerous driving causing bodily harm; sentenced to 90 days custody to be served intermittently, three years probation, five-year driving prohibition and DNA order

Orders

  • 90 days custody to be served intermittently
  • Probation for 3 years including statutory terms, prohibition on consuming alcohol, cannabis and non-medically prescribed drugs, and continued treatment and counselling as directed by probation officer