R. v. Griffin

R. v. Griffin

On the agreed facts the accused tapped a knife on the counter, did not direct threats or attempt physical violence and there was no evidence of endangered life/safety or severe psychological harm; therefore the offence was intimidation while armed under s.343(d) but not a "serious personal injury offence" under s.752, so a conditional sentence was legally available and, given the offender's mitigating factors and low risk to community safety, a conditional sentence of two years less one day to be served in the community with strict conditions was appropriate.

Citation
2010 NSPC 47
Parties
Crown: Her Majesty the Queen; Accused/defendant: Erica Marie Griffin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 July 2010
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Conditional sentence of 2 years less one day to be served in the community (house arrest for 18 months followed by curfew) followed by probation for 24 months.
Legal Topics
Robbery, Conditional Sentence, Serious Personal Injury Offence, Mitigation and Aggravating Factors, House Arrest, Probation
Source Language
English
Criminal Law Sentencing Mental Health and Addiction Robbery Conditional Sentence Serious Personal Injury Offence Mitigation and Aggravating Factors House Arrest +1 more

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Parties

Her Majesty the Queen

Crown

Erica Marie Griffin

Accused/defendant

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 Whether the offence qualified as a "serious personal injury offence" under Criminal Code s.752 thereby precluding a conditional sentence
  2. 2 Whether a conditional sentence was a fit and proper disposition given the offender's circumstances and sentencing objectives
  3. 3 What conditions and length of sentence would satisfy denunciation, deterrence and rehabilitation

Ratio Decidendi

On the agreed facts the accused tapped a knife on the counter, did not direct threats or attempt physical violence and there was no evidence of endangered life/safety or severe psychological harm; therefore the offence was intimidation while armed under s.343(d) but not a "serious personal injury offence" under s.752, so a conditional sentence was legally available and, given the offender's mitigating factors and low risk to community safety, a conditional sentence of two years less one day to be served in the community with strict conditions was appropriate.

Court Disposition

Conditional sentence of 2 years less one day to be served in the community (house arrest for 18 months followed by curfew) followed by probation for 24 months.

Orders

  • Custody term of 2 years less one day to be served in the community under a conditional sentence order
  • Keep the peace and be of good behaviour; appear when required; report to supervisor in Halifax by July 26, 2010