R. v. Baker

R. v. Baker

Apply Kienapple to stay the theft count; impose sentence of 12 months custody plus 36 months probation with ancillary orders (5 year prohibition under s.380.2 and discretionary DNA order under s.487.04(a)); calculate enhanced remand credit of 476 days (1.5x of 317 remand days) which fully satisfies the 365 day custodial sentence so no further custody is required; decline restitution order due to lack of ability to pay.

Citation
2022 NSSC 229
Parties
Crown: Her Majesty the Queen; Accused: Jessica Jacqueline Baker
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 August 2022
Procedural Posture
Criminal: Fraud Over $5,000 and Theft Over $5,000 / Sentencing Decision
Outcome
Convicted of fraud over $5,000; conviction for theft over $5,000 stayed under Kienapple; sentenced to 12 months custody (credited as served by enhanced remand credit) and 36 months probation; granted s.380.2 prohibition for 5 years and discretionary DNA order under s.487.04(a); restitution order declined.
Legal Topics
Fraud, Theft, Sentencing Principles, Gladue Considerations, Remand Credit, Restitution, Ancillary Orders, Kienapple Doctrine
Source Language
English
Criminal Law Sentencing Fraud Theft Sentencing Principles Gladue Considerations Remand Credit Restitution +2 more

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Parties

Her Majesty the Queen

Crown

Jessica Jacqueline Baker

Accused

Procedural Posture

Criminal: Fraud Over $5,000 and Theft Over $5,000 / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for fraud over $5,000 given aggravating and mitigating factors
  2. 2 Application of Kienapple to stay one conviction
  3. 3 Assessment of Gladue factors for an Indigenous offender

Ratio Decidendi

Apply Kienapple to stay the theft count; impose sentence of 12 months custody plus 36 months probation with ancillary orders (5 year prohibition under s.380.2 and discretionary DNA order under s.487.04(a)); calculate enhanced remand credit of 476 days (1.5x of 317 remand days) which fully satisfies the 365 day custodial sentence so no further custody is required; decline restitution order due to lack of ability to pay.

Court Disposition

Convicted of fraud over $5,000; conviction for theft over $5,000 stayed under Kienapple; sentenced to 12 months custody (credited as served by enhanced remand credit) and 36 months probation; granted s.380.2 prohibition for 5 years and discretionary DNA order under s.487.04(a); restitution order declined.

Orders

  • Count 2 (theft) stayed pursuant to Kienapple
  • Custody sentence of 12 months imposed (365 days)