R v. Boutilier

R v. Boutilier

Applying the Anthony Cook public interest test, the court found the joint recommendation of concurrent one-year probation was within the acceptable range and not so unhinged from the circumstances as to bring the administration of justice into disrepute; therefore the court was legally bound to accept the joint submission and imposed suspended sentence with probation and conditions.

Citation
2022 NSPC 8
Parties
Crown: R.; Accused: Dean Edward Boutilier
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 March 2022
Procedural Posture
Criminal Sentencing / Sentencing (joint Submission); Decision Reserved and Delivered
Outcome
Guilty pleas accepted; passing of sentence suspended; concurrent one-year periods of probation imposed.
Legal Topics
Uttering Threats, Breach of Release/undertaking, Acceptance of Joint Submission on Sentence, Public Interest Test, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Hate/racially Motivated Offences Probation and Conditional Orders Uttering Threats Breach of Release/undertaking Acceptance of Joint Submission on Sentence Public Interest Test +1 more

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Parties

R.

Crown

Dean Edward Boutilier

Accused

Procedural Posture

Criminal Sentencing / Sentencing (joint Submission); Decision Reserved and Delivered

Legal Issues

  1. 1 Whether the court may reject a joint sentencing submission under the public interest test
  2. 2 Whether the proposed sentence would bring the administration of justice into disrepute
  3. 3 Whether racial motivation should be treated as an aggravating factor

Ratio Decidendi

Applying the Anthony Cook public interest test, the court found the joint recommendation of concurrent one-year probation was within the acceptable range and not so unhinged from the circumstances as to bring the administration of justice into disrepute; therefore the court was legally bound to accept the joint submission and imposed suspended sentence with probation and conditions.

Court Disposition

Guilty pleas accepted; passing of sentence suspended; concurrent one-year periods of probation imposed.

Orders

  • Suspend passing of sentence and impose concurrent one-year probation orders
  • Keep the peace and be of good behaviour