R. v. Perrin

R. v. Perrin

Conditional sentence rejected because the seriousness and gratuitous violence of the offence required denunciation and deterrence that only incarceration could adequately provide; the offender's history of non-compliance, substance abuse and unexplained violent conduct created a real risk of re-offending and non-compliance with conditional-sentence conditions; mitigating factors reduced but did not eliminate the need for custody, producing a 30-day intermittent sentence plus probation.

Citation
2012 NSPC 134
Parties
Crown: Her Majesty the Queen; Accused: Ricky Ashward Perrin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 November 2012
Procedural Posture
Criminal (indictment Animal Cruelty) / Sentencing (disposition)
Outcome
Guilty plea accepted; sentence imposed
Legal Topics
Section 445.1 Criminal Code, Conditional Sentence, Denunciation and Deterrence, Probation, Victim Surcharge, Prohibition Order
Source Language
English
Criminal Law Animal Cruelty Sentencing Section 445.1 Criminal Code Conditional Sentence Denunciation and Deterrence Probation Victim Surcharge +1 more

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Parties

Her Majesty the Queen

Crown

Ricky Ashward Perrin

Accused

Procedural Posture

Criminal (indictment Animal Cruelty) / Sentencing (disposition)

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate length and form of custodial sentence
  3. 3 Application of s.718 principles (denunciation, deterrence, rehabilitation, proportionality)

Ratio Decidendi

Conditional sentence rejected because the seriousness and gratuitous violence of the offence required denunciation and deterrence that only incarceration could adequately provide; the offender's history of non-compliance, substance abuse and unexplained violent conduct created a real risk of re-offending and non-compliance with conditional-sentence conditions; mitigating factors reduced but did not eliminate the need for custody, producing a 30-day intermittent sentence plus probation.

Court Disposition

Guilty plea accepted; sentence imposed

Orders

  • 30 days intermittent imprisonment at Central Nova Scotia Correctional Facility to be served Fridays 20:00 to Mondays 06:00 commencing November 23, 2012
  • 24 months probation commencing November 20, 2012 with conditions including keep the peace and be of good behaviour; appear when required; notify of any change of name/address/employment; report to probation officer as directed; abstain from alcohol and intoxicants; not possess controlled substances except by...