R. v. D.B.

R. v. D.B.

Court held that accountability required a significant custodial component but not the Crown's proposed 2–3 year CSO and not the Defence's nominal CSO; remand time must be taken into account qualitatively rather than by mechanical arithmetic; balancing seriousness, degree of participation (participant but not shooter), aggravating factors and demonstrable rehabilitation in custody, the appropriate sentence is a 267-day Custody and Supervision Order (178 days further custody then 89 days community supervision) followed by 12 months probation with specified conditions; DNA order and 10-year weapons prohibition imposed and 100 hours community service ordered.

Citation
2015 NSPC 82
Parties
Crown: Her Majesty the Queen; Accused (young Person): B.(D.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 November 2015
Procedural Posture
Youth Criminal Case / Sentencing Decision
Outcome
Guilty pleas accepted; sentence imposed: 267-day Custody and Supervision Order (178 days further custody, 89 days community supervision) followed by 12 months probation; DNA order; 10-year weapons prohibition; 100 hours community service.
Legal Topics
Aggravated Assault, Break and Enter, Robbery, Masking, Remand Credit, Custody and Supervision Order, YCJA Principles, Gladue/cultural Factors
Source Language
English
Youth Criminal Law Criminal Law Sentencing Aggravated Assault Break and Enter Robbery Masking Remand Credit +3 more

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Parties

Her Majesty the Queen

Crown

B.(D.)

Accused (young Person)

Procedural Posture

Youth Criminal Case / Sentencing Decision

Legal Issues

  1. 1 Appropriate length of custodial sentence under the YCJA given defendant was a participant but not the shooter
  2. 2 How to take pre-sentence detention/remand into account (arithmetically or by assessment)
  3. 3 Application of YCJA principles including proportionality, accountability and least restrictive measures

Ratio Decidendi

Court held that accountability required a significant custodial component but not the Crown's proposed 2–3 year CSO and not the Defence's nominal CSO; remand time must be taken into account qualitatively rather than by mechanical arithmetic; balancing seriousness, degree of participation (participant but not shooter), aggravating factors and demonstrable rehabilitation in custody, the appropriate sentence is a 267-day Custody and Supervision Order (178 days further custody then 89 days community supervision) followed by 12 months probation with specified conditions; DNA order and 10-year weapons prohibition imposed and 100 hours community service ordered.

Court Disposition

Guilty pleas accepted; sentence imposed: 267-day Custody and Supervision Order (178 days further custody, 89 days community supervision) followed by 12 months probation; DNA order; 10-year weapons prohibition; 100 hours community service.

Orders

  • DNA order
  • Criminal Code s.109(2)/YCJA s.51 weapons prohibition 10 years