R. v. Adams

R. v. Adams

Given the scale, duration and sophistication of the fencing operation, the high value of recovered property, re‑offending on bail and limited insight by the offender, a custodial disposition was required; a total punitive quantum of 42 months imprisonment with specified consecutive and concurrent counts, fines totalling $82,000 and 12 months probation with 150 hours community service was just and appropriate, with 35 months pre‑trial custody credited resulting in a further 7 months to serve.

Citation
2009 NSPC 44
Parties
Crown: Her Majesty the Queen; Accused/defendant: Peter Frederick Adams
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 May 2009
Procedural Posture
Criminal / Sentencing (oral)
Outcome
Accused found guilty on admitted counts and sentenced to an aggregate 42 months imprisonment with 35 months credit for pre‑trial custody (net further 7 months to serve); fines totalling $82,000; probation 12 months with 150 hours community service; time in default for unpaid fines.
Legal Topics
Theft, Possession of Stolen Property, Break and Enter, Counselling Perjury, Fencing, Pre‑trial Custody Credit, Fines and Probation
Source Language
English
Criminal Law Sentencing Theft Possession of Stolen Property Break and Enter Counselling Perjury Fencing Pre‑trial Custody Credit +1 more

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Parties

Her Majesty the Queen

Crown

Peter Frederick Adams

Accused/defendant

Procedural Posture

Criminal / Sentencing (oral)

Legal Issues

  1. 1 Appropriate sentence for large‑scale fencing operation and multiple theft offences
  2. 2 Whether a conditional sentence is appropriate
  3. 3 Application of totality and consecutive versus concurrent sentences

Ratio Decidendi

Given the scale, duration and sophistication of the fencing operation, the high value of recovered property, re‑offending on bail and limited insight by the offender, a custodial disposition was required; a total punitive quantum of 42 months imprisonment with specified consecutive and concurrent counts, fines totalling $82,000 and 12 months probation with 150 hours community service was just and appropriate, with 35 months pre‑trial custody credited resulting in a further 7 months to serve.

Court Disposition

Accused found guilty on admitted counts and sentenced to an aggregate 42 months imprisonment with 35 months credit for pre‑trial custody (net further 7 months to serve); fines totalling $82,000; probation 12 months with 150 hours community service; time in default for unpaid fines.

Orders

  • Counselling perjury: 6 months custody, to run consecutive to any other disposition
  • Break and enter and theft, Metro Self Storage (count 289): 12 months custody, consecutive to other dispositions; fine $20,000 pursuant to s.734