R. v. Billard

R. v. Billard

The court applied the compensatory interpretation of s.719(3.1) (following R. v. Johnson and R. v. Dann) and granted an enhanced remand credit at 1.5:1 (139 days remand = 209 days credit/6 months 27 days). Balancing aggravating factors (prior record, prior fatality causing driving prohibition, breach of probation, unsafe vehicle, reversal into an officer, possession of a knife) against mitigating factors (youth, guilty plea, signs of maturation and pro‑social progress, psychiatric assessment), the court imposed a global custodial sentence of nine months (four months concurrent for breach of probation and one month concurrent for possession of a prohibited weapon), applied remand credit...

Citation
2011 NSPC 31
Parties
Crown: Her Majesty the Queen; Accused: Archie Albert Billard
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 June 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced. Global custodial sentence of nine months with enhanced remand credit of 6 months and 27 days (139 days remand credited at 1.5:1), leaving two months and three days to be served in custody; followed by 18 months probation; additional driving prohibition of one year consecutive to...
Legal Topics
Remand Credit Application, Sentencing Principles and Proportionality, Youth Rehabilitation, Driving Prohibition, Section 109 Weapons Prohibition
Source Language
English
Criminal Law Sentencing Remand Credit Probation Weapons Offences Driving Offences Remand Credit Application Sentencing Principles and Proportionality +3 more

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Parties

Her Majesty the Queen

Crown

Archie Albert Billard

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether enhanced remand credit of up to 1.5:1 under s.719(3.1) applies
  2. 2 Appropriate custodial sentence balancing denunciation/deterrence with rehabilitation for a young offender
  3. 3 Calculation and application of remand credit to reduce an otherwise fit sentence

Ratio Decidendi

The court applied the compensatory interpretation of s.719(3.1) (following R. v. Johnson and R. v. Dann) and granted an enhanced remand credit at 1.5:1 (139 days remand = 209 days credit/6 months 27 days). Balancing aggravating factors (prior record, prior fatality causing driving prohibition, breach of probation, unsafe vehicle, reversal into an officer, possession of a knife) against mitigating factors (youth, guilty plea, signs of maturation and pro‑social progress, psychiatric assessment), the court imposed a global custodial sentence of nine months (four months concurrent for breach of probation and one month concurrent for possession of a prohibited weapon), applied remand credit...

Court Disposition

Accused convicted and sentenced. Global custodial sentence of nine months with enhanced remand credit of 6 months and 27 days (139 days remand credited at 1.5:1), leaving two months and three days to be served in custody; followed by 18 months probation; additional driving prohibition of one year consecutive to...

Orders

  • Global custodial sentence of nine months (four months concurrent for breach of probation and one month concurrent for possession of prohibited weapon)
  • Remand credit applied at 1.5:1: 139 days remand = 209 days credit (rounded) equivalent to 6 months and 27 days