R. v. Gorman

R. v. Gorman

Although the accused met statutory prerequisites and had mitigating factors, the combination of two offences including theft involving a marked breach of public trust by a serving RCMP member, the commission of the second offence while awaiting proceedings for the first, the concealment of items on a child and the cumulative moral blameworthiness made a conditional discharge contrary to the public interest; appropriate disposition is a suspended sentence with 18 months probation and the related administrative order setting aside the licence revocation.

Citation
2009 NSPC 55
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Blair Francis Gorman
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 June 2009
Procedural Posture
Criminal / Sentencing
Outcome
Conditional discharge denied; convictions recorded; suspended sentence imposed with 18 months' probation; licence revocation under Motor Vehicle Act s.278(1)(c) set aside.
Legal Topics
Theft, Breach of Trust, Conditional Discharge (s.730(1)), Probation, Public Interest, Motor Vehicle Act S.278(1)(c)
Source Language
English
Criminal Law Sentencing Police Conduct Theft Breach of Trust Conditional Discharge (s.730(1)) Probation Public Interest +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

Blair Francis Gorman

Accused/defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional discharge under s.730(1) of the Criminal Code is appropriate
  2. 2 Whether granting a discharge would be contrary to the public interest given the accused's status as a police officer and the nature of the offences
  3. 3 Appropriate sentence where offences include theft by a serving RCMP member and subsequent shoplifting while awaiting proceedings

Ratio Decidendi

Although the accused met statutory prerequisites and had mitigating factors, the combination of two offences including theft involving a marked breach of public trust by a serving RCMP member, the commission of the second offence while awaiting proceedings for the first, the concealment of items on a child and the cumulative moral blameworthiness made a conditional discharge contrary to the public interest; appropriate disposition is a suspended sentence with 18 months probation and the related administrative order setting aside the licence revocation.

Court Disposition

Conditional discharge denied; convictions recorded; suspended sentence imposed with 18 months' probation; licence revocation under Motor Vehicle Act s.278(1)(c) set aside.

Orders

  • Conditional discharge under s.730(1) refused
  • Convictions entered on the two counts (s.334(b)(i) and s.334(b)(ii) Criminal Code)