R v. Boutilier

R v. Boutilier

Given the offender's severe intellectual disability, chronic crack addiction, expressed remorse, housing at risk but available supports, and the availability of intensive, enforceable community supervision (24 months probation with enhanced electronic monitoring, initial house arrest and subsequent curfew), the court concluded that custody would not better protect the public or promote rehabilitation; imposed concurrent eight-month sentences for the residential break and enters and concurrent 30-day terms for breaches (time served with 1.5 credit applied) followed by 24 months probation with detailed monitoring and support conditions; victim surcharges waived for undue hardship.

Citation
2020 NSPC 53
Parties
Crown: Her Majesty the Queen; Accused: Craig Boutilier
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 December 2020
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to concurrent eight months for each s.348(1)(a) offence and concurrent 30 days for each s.145(5) failure to comply offence; sentence declared to be time served with 1.5 remand credit; 24 months probation with specific conditions including enhanced electronic monitoring, initial six months house...
Legal Topics
Residential Break and Enter, Failure to Comply, Remand Credit, Probation Conditions, Electronic Monitoring, Victim Surcharge Waiver, Consideration of Intellectual Disability in Sentencing
Source Language
English
Criminal Law Sentencing Mental Disability Addictions Probation and Electronic Monitoring Residential Break and Enter Failure to Comply Remand Credit +4 more

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Parties

Her Majesty the Queen

Crown

Craig Boutilier

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for residential break and enter by an offender with intellectual disability and severe addiction
  2. 2 Whether separation from society (custody) is necessary vs community-based supervision and rehabilitation
  3. 3 Whether probation with enhanced electronic monitoring can protect the public

Ratio Decidendi

Given the offender's severe intellectual disability, chronic crack addiction, expressed remorse, housing at risk but available supports, and the availability of intensive, enforceable community supervision (24 months probation with enhanced electronic monitoring, initial house arrest and subsequent curfew), the court concluded that custody would not better protect the public or promote rehabilitation; imposed concurrent eight-month sentences for the residential break and enters and concurrent 30-day terms for breaches (time served with 1.5 credit applied) followed by 24 months probation with detailed monitoring and support conditions; victim surcharges waived for undue hardship.

Court Disposition

Accused sentenced to concurrent eight months for each s.348(1)(a) offence and concurrent 30 days for each s.145(5) failure to comply offence; sentence declared to be time served with 1.5 remand credit; 24 months probation with specific conditions including enhanced electronic monitoring, initial six months house...

Orders

  • Concurrent custodial terms of 8 months on each residential break and enter and concurrent 30 days on each failure to comply, declared served (time served) with 1.5 remand credit applied
  • Probation for 24 months with terms: keep the peace and be of good behaviour; attend court when required; notify probation of any change of name, address or employment