R v Morrison

R v Morrison

An absolute discharge was imposed because the statutory test in s.730(1) was satisfied, Mr Morrison posed no threat to public safety, had completed appropriate rehabilitative treatment, and a probation order was unnecessary to achieve the purposes of sentencing; therefore a conditional discharge was not warranted.

Citation
2021 NSPC 39
Parties
Prosecution/crown: Her Majesty the Queen; Accused/defendant: Terrance John Morrison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 September 2021
Procedural Posture
Criminal — Breach of Undertaking (criminal Code ¶145(4)(a)) / Sentencing Decision (guilty Plea; Disposition)
Outcome
Accused discharged absolutely
Legal Topics
Absolute Discharge, Conditional Discharge, Probation, Breach of Undertaking, Judicial Referral Hearing, Statutory Reform and Over‑criminalization
Source Language
English
Criminal Law Sentencing Bail and Undertakings Criminal Procedure Absolute Discharge Conditional Discharge Probation Breach of Undertaking +2 more

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Parties

Her Majesty the Queen

Prosecution/crown

Terrance John Morrison

Accused/defendant

Procedural Posture

Criminal — Breach of Undertaking (criminal Code ¶145(4)(a)) / Sentencing Decision (guilty Plea; Disposition)

Legal Issues

  1. 1 Whether to grant an absolute discharge or a conditional discharge with probation under s.730(1) of the Criminal Code
  2. 2 Whether a probation order is necessary to protect the public or to satisfy rehabilitative needs
  3. 3 Relevance of new Criminal Code provisions (s.496 and s.523.1) limiting criminalization of minor bail/undertaking breaches

Ratio Decidendi

An absolute discharge was imposed because the statutory test in s.730(1) was satisfied, Mr Morrison posed no threat to public safety, had completed appropriate rehabilitative treatment, and a probation order was unnecessary to achieve the purposes of sentencing; therefore a conditional discharge was not warranted.

Court Disposition

Accused discharged absolutely

Orders

  • Accused discharged absolutely
  • Pay mandatory $100 victim surcharge within six months