R. v. Connors

Because the accused pled to and participated in a robbery that involved the use of violence, the offence falls within the s.752 definition of a 'serious personal injury offence' and is therefore ineligible for a conditional sentence; accordingly a two year term of imprisonment was imposed.

Citation: 2010 NSPC 63
Parties: Crown: Her Majesty the Queen; Accused: Shayla Connors
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 19 October 2010
Procedural Posture: Criminal / Sentencing
Outcome: Accused sentenced to two years imprisonment for robbery; one month concurrent for shoplifting; no probation ordered.
Legal Topics: Robbery, Conditional Sentence, Serious Personal Injury Offence, Eligibility for Conditional Sentence
Source Language: English

Criminal Law Sentencing Indictable Offences Robbery Conditional Sentence Serious Personal Injury Offence Eligibility for Conditional Sentence

Case Brief

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Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3

Parties

Her Majesty the Queen

Crown

Shayla Connors

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether a conditional sentence is available given the offence is a robbery involving violence and thus a 'serious personal injury offence' under s.752 of the Criminal Code
2 Appropriate length and form of sentence for robbery with violence involving a young, first time offender

Ratio Decidendi

Court Disposition

Accused sentenced to two years imprisonment for robbery; one month concurrent for shoplifting; no probation ordered.

Orders

Two year term of incarceration for robbery (custodial)
One month concurrent for shoplifting