R. v. Barnes

R. v. Barnes

Considering the gravity of unlawful entry into a dwelling, the accused's extensive prior record including similar offences, the fact he committed the offence while on probation, but also his demonstrated remorse, age and prospects for rehabilitation and absence of violence, the court imposed a custodial sentence of two years in a federal institution, credited remand by the local practice of doubling time served (three months remand treated as six months), and ordered three months concurrent on the probation breach to achieve an overall sentence of two years.

Citation
2004 NSSC 257
Parties
Crown: Her Majesty the Queen; Accused: Donald Oscar Barnes
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 August 2004
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to two years imprisonment in a federal institution; three months concurrent on the breach of probation; remand credit applied (three months remand treated as six months)
Legal Topics
Sentencing, Unlawfully in a Dwelling House, Break and Enter, Probation Breach, Remand Credit, Similar Fact Evidence, Prior Convictions, Remorse
Source Language
English
Criminal Law Sentencing Unlawfully in a Dwelling House Break and Enter Probation Breach Remand Credit Similar Fact Evidence Prior Convictions +1 more

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Parties

Her Majesty the Queen

Crown

Donald Oscar Barnes

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for unlawful entry into a dwelling house
  2. 2 Application of remand credit (time served)
  3. 3 Concurrent sentencing for breach of probation

Ratio Decidendi

Considering the gravity of unlawful entry into a dwelling, the accused's extensive prior record including similar offences, the fact he committed the offence while on probation, but also his demonstrated remorse, age and prospects for rehabilitation and absence of violence, the court imposed a custodial sentence of two years in a federal institution, credited remand by the local practice of doubling time served (three months remand treated as six months), and ordered three months concurrent on the probation breach to achieve an overall sentence of two years.

Court Disposition

Accused sentenced to two years imprisonment in a federal institution; three months concurrent on the breach of probation; remand credit applied (three months remand treated as six months)

Orders

  • Sentence of two years in a federal institution.
  • Three months concurrent on the breach of probation charge.