R. v. Desmond

R. v. Desmond

Two years or more imprisonment was not appropriate given the facts and precedents; the accused posed a minimal risk of reoffending and the gravity of potential damage did not outweigh that minimal risk, therefore a conditional sentence was lawful and fit: imposed two years less a day with specified onerous conditions, including house arrest, curfew, community service and a five-year driving prohibition.

Citation
2004 NSSC 33
Parties
Crown: Her Majesty The Queen; Accused: Cleveland Hilton Desmond
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 May 2004
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence imposed
Legal Topics
Dangerous Driving Causing Bodily Harm, Breach of Recognizance, Conditional Sentence Analysis Under S.742.1, Driving Prohibition, Community Service, House Arrest
Source Language
English
Criminal Law Sentencing Conditional Sentences Traffic Offences Dangerous Driving Causing Bodily Harm Breach of Recognizance Conditional Sentence Analysis Under S.742.1 Driving Prohibition +2 more

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Parties

Her Majesty The Queen

Crown

Cleveland Hilton Desmond

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence of two years or more is required
  2. 2 Whether the prerequisites for a conditional sentence under s.742.1 are met
  3. 3 Assessment of risk to the community and gravity of potential harm if re-offence occurs

Ratio Decidendi

Two years or more imprisonment was not appropriate given the facts and precedents; the accused posed a minimal risk of reoffending and the gravity of potential damage did not outweigh that minimal risk, therefore a conditional sentence was lawful and fit: imposed two years less a day with specified onerous conditions, including house arrest, curfew, community service and a five-year driving prohibition.

Court Disposition

Conditional sentence imposed

Orders

  • Conditional sentence of two years less a day
  • Two months concurrent for the breach of recognizance offence