R. v. Hendsbee

R. v. Hendsbee

The offender's conduct did not meet the Criminal Code s.752 definition of a 'serious personal injury offence'; therefore the December 1, 2007 amendments did not preclude a Conditional Sentence Order. A conditional sentence of two years less one day, with remand credit applied (resulting in an effective 21 months), served in the community was appropriate given the offender's circumstances, lack of record, the factual gravity of the offence and prospects for rehabilitation.

Citation
2009 NSPC 50
Parties
Crown: Her Majesty the Queen; Accused: Caleb Bruce Hendsbee
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 July 2009
Procedural Posture
Criminal Robbery / Sentencing
Outcome
Conditional Sentence Order imposed for two years less one day to be served in the community with remand credit resulting in an effective sentence of 21 months.
Legal Topics
Robbery With an Offensive Weapon, Eligibility for Conditional Sentence Order, Definition of Serious Personal Injury Offence (s.752), Remand Credit, Benchmarks for Robbery Sentences
Source Language
English
Criminal Law Sentencing Conditional Sentences Robbery Statutory Interpretation Robbery With an Offensive Weapon Eligibility for Conditional Sentence Order Definition of Serious Personal Injury Offence (s.752) +2 more

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Parties

Her Majesty the Queen

Crown

Caleb Bruce Hendsbee

Accused

Procedural Posture

Criminal Robbery / Sentencing

Legal Issues

  1. 1 What is the sentencing range for robbery in Nova Scotia and whether it falls below two years?
  2. 2 Do the December 1, 2007 amendments to the Criminal Code preclude a Conditional Sentence Order for this offence?
  3. 3 If not, is a conditional sentence appropriate and what term and conditions should apply?

Ratio Decidendi

The offender's conduct did not meet the Criminal Code s.752 definition of a 'serious personal injury offence'; therefore the December 1, 2007 amendments did not preclude a Conditional Sentence Order. A conditional sentence of two years less one day, with remand credit applied (resulting in an effective 21 months), served in the community was appropriate given the offender's circumstances, lack of record, the factual gravity of the offence and prospects for rehabilitation.

Court Disposition

Conditional Sentence Order imposed for two years less one day to be served in the community with remand credit resulting in an effective sentence of 21 months.

Orders

  • Conditional Sentence Order for a term of two years less one day to be served in the community.
  • Remand time of 72 days credited (applied at two-for-one to approximately 144 days) resulting in an effective sentence of 21 months.