R. v. Allen

R. v. Allen

Given the defendant's significant prior record, repeated breaches and ongoing addiction making community‑based sanctions inappropriate, the court imposed consecutive custodial sentences of two months on each count except one day on count 2740212, resulting in a total sentence of 24 months plus one day, and ordered a $100 victim surcharge per count payable within four years.

Citation
2014 NSPC 34
Parties
Crown: Her Majesty the Queen; Accused: Jacob Alexander Allen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 June 2014
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment totalling 24 months plus one day; victim surcharges imposed; remanded to sheriffs.
Legal Topics
Sentencing, Breach of Court Orders, Assault, Property Offences, Victim Surcharge, Addiction as Mitigation
Source Language
English
Criminal Law Sentencing Breach of Court Orders Assault Property Offences Victim Surcharge Addiction as Mitigation

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Parties

Her Majesty the Queen

Crown

Jacob Alexander Allen

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for multiple offences and breaches of court orders
  2. 2 Whether probation is a permissible and appropriate sentence
  3. 3 Application of victim surcharge following amendments to s.737 of the Criminal Code

Ratio Decidendi

Given the defendant's significant prior record, repeated breaches and ongoing addiction making community‑based sanctions inappropriate, the court imposed consecutive custodial sentences of two months on each count except one day on count 2740212, resulting in a total sentence of 24 months plus one day, and ordered a $100 victim surcharge per count payable within four years.

Court Disposition

Convicted and sentenced to imprisonment totalling 24 months plus one day; victim surcharges imposed; remanded to sheriffs.

Orders

  • Sentence of 2 months imprisonment on each charge listed except count 2740212
  • Sentence of 1 day imprisonment on count 2740212 consecutive to other sentences