R. v. MacKenzie

R. v. MacKenzie

Custody (120 days concurrent on each count) was necessary because the offence directly attacked the democratic right to vote, the offender had a history of identical offences and an expressed intent to reoffend, and lesser sanctions had failed to deter him; custody plus a three-year probation with restrictive conditions best satisfied denunciation and deterrence and protected the public.

Citation
2012 NSPC 19
Parties
Prosecution: Her Majesty the Queen; Accused: Alexander James MacKenzie
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 March 2012
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to custody and probation
Legal Topics
Theft, Mischief, Sentencing Principles, Deterrence, Probation, Custodial Sentence, Offences Under Elections Act
Source Language
English
Criminal Law Electoral Law Sentencing Theft Mischief Sentencing Principles Deterrence Probation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Alexander James MacKenzie

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft and mischief involving removal and damage of a ballot box
  2. 2 Application of sentencing principles in ss. 718, 718.1 and 718.2 of the Criminal Code
  3. 3 Aggravating effect of repeat offending and expressed intent to reoffend

Ratio Decidendi

Custody (120 days concurrent on each count) was necessary because the offence directly attacked the democratic right to vote, the offender had a history of identical offences and an expressed intent to reoffend, and lesser sanctions had failed to deter him; custody plus a three-year probation with restrictive conditions best satisfied denunciation and deterrence and protected the public.

Court Disposition

Accused sentenced to custody and probation

Orders

  • Custody: 120 days on each charge, to be served concurrently and consecutive to any other sentence
  • Probation: three years following custody