R. v. T.D.

R. v. T.D.

Given the planned nature of the offences, involvement of a firearm, the targeting of a vulnerable victim, and the accused's rapid return to criminal associates after a period of improvement, a custodial sentence was necessary as a last resort to promote rehabilitation and protect the public; the judge credited approximately three months remand as five months, imposed a net further custody and supervision order of nine months (two-thirds custody, one-third community supervision) followed by ten months probation with specific conditions, weapons prohibition and a DNA order.

Citation
2012 NSPC 124
Parties
Crown: Her Majesty the Queen; Accused: T.D.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 November 2012
Procedural Posture
Youth Criminal Sentencing / Sentencing Decision
Outcome
Custody and Supervision Order (C&SO) imposed: total sentence proposed 14 months reduced by remand credit to a net further 9 months C&SO to be served two-thirds in custody and one-third under supervision; followed by 10 months probation with conditions; weapons prohibition two years; DNA order; reporting and standard...
Legal Topics
Robbery, Unlawful Possession of Motor Vehicle, Possession of Weapon, Break and Enter, Sentencing, Remand Credit, Custody and Supervision Order, Probation, Youth Criminal Justice Act
Source Language
English
Criminal Law Youth Justice Robbery Unlawful Possession of Motor Vehicle Possession of Weapon Break and Enter Sentencing Remand Credit +3 more

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Parties

Her Majesty the Queen

Crown

T.D.

Accused

Procedural Posture

Youth Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether a custodial sentence is necessary and proportionate under the YCJA
  2. 2 Appropriate length and structure of custody and supervision order for a youth
  3. 3 Proper credit for remand time

Ratio Decidendi

Given the planned nature of the offences, involvement of a firearm, the targeting of a vulnerable victim, and the accused's rapid return to criminal associates after a period of improvement, a custodial sentence was necessary as a last resort to promote rehabilitation and protect the public; the judge credited approximately three months remand as five months, imposed a net further custody and supervision order of nine months (two-thirds custody, one-third community supervision) followed by ten months probation with specific conditions, weapons prohibition and a DNA order.

Court Disposition

Custody and Supervision Order (C&SO) imposed: total sentence proposed 14 months reduced by remand credit to a net further 9 months C&SO to be served two-thirds in custody and one-third under supervision; followed by 10 months probation with conditions; weapons prohibition two years; DNA order; reporting and standard...

Orders

  • Custody and Supervision Order: net further 9 months to be served two-thirds in custody and one-third under supervision
  • Probation for 10 months with statutory and reporting conditions commencing on expiration of C&SO