R. v. DeYoung

R. v. DeYoung

The court accepted the joint recommendation and imposed a three year custodial sentence for robbery as a fit and proper sentence after applying sentencing principles and totality. The court ordered a DNA order as required for a primary designated offence and imposed concurrent terms of six months for uttering threats and three months for breach of recognizance, both to run concurrent with the three year robbery sentence, which is to be served consecutive to sentences already being served.

Citation
2008 NSSC 379
Parties
Prosecution: Her Majesty The Queen; Accused: Jason Kyle DeYoung
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 November 2008
Procedural Posture
Criminal / Sentencing
Outcome
Joint recommendation accepted; sentence imposed
Legal Topics
Robbery, Uttering Threats, Breach of Recognizance, DNA Order, Totality Principle, Youthful Offender
Source Language
English
Criminal Law Sentencing Robbery Uttering Threats Breach of Recognizance DNA Order Totality Principle Youthful Offender

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Parties

Her Majesty The Queen

Prosecution

Jason Kyle DeYoung

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery given aggravating and mitigating factors
  2. 2 Application of totality principle and consequence of prior concurrent/consecutive sentences
  3. 3 Whether joint recommendation of sentence is fit

Ratio Decidendi

The court accepted the joint recommendation and imposed a three year custodial sentence for robbery as a fit and proper sentence after applying sentencing principles and totality. The court ordered a DNA order as required for a primary designated offence and imposed concurrent terms of six months for uttering threats and three months for breach of recognizance, both to run concurrent with the three year robbery sentence, which is to be served consecutive to sentences already being served.

Court Disposition

Joint recommendation accepted; sentence imposed

Orders

  • Three years' imprisonment for robbery to be served consecutive to offences already being served
  • Six months imprisonment for uttering threats, to run concurrent with the three year robbery sentence