R. v. Thomas

R. v. Thomas

The court accepted and gave effect to the agreed joint submission because it was consistent with sentencing principles and local precedent, imposing consecutive four‑month sentences (one of four months plus one day) totaling 24 months plus one day, and endorsing the warrant of committal under s.743.21 to impose a no‑contact order for the victim.

Citation
2012 NSPC 107
Parties
Crown: Her Majesty the Queen; Accused: Clayton Anthony Thomas
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 November 2012
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas accepted; sentence imposed totaling 24 months plus one day imprisonment; warrant of committal endorsed under s.743.21; no contact order imposed.
Legal Topics
Sentencing, Consecutive Sentences, Breach of Probation, Uttering Threats, Unlawful Confinement, No Contact Order, Warrant Endorsement S.743.21
Source Language
English
Criminal Law Sentencing Consecutive Sentences Breach of Probation Uttering Threats Unlawful Confinement No Contact Order Warrant Endorsement S.743.21

Case Brief

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Parties

Her Majesty the Queen

Crown

Clayton Anthony Thomas

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept the joint sentencing submission
  2. 2 Appropriate length and structure of consecutive sentences and application of totality
  3. 3 Whether to endorse the warrant of committal under s.743.21 and impose a no-contact condition

Ratio Decidendi

The court accepted and gave effect to the agreed joint submission because it was consistent with sentencing principles and local precedent, imposing consecutive four‑month sentences (one of four months plus one day) totaling 24 months plus one day, and endorsing the warrant of committal under s.743.21 to impose a no‑contact order for the victim.

Court Disposition

Guilty pleas accepted; sentence imposed totaling 24 months plus one day imprisonment; warrant of committal endorsed under s.743.21; no contact order imposed.

Orders

  • Case #2513440 (s.266): 4 months custody (base sentence)
  • Case #2513441 (uttering threats): 4 months custody, consecutive