R. v. Robson

R. v. Robson

Given the gravity of a residential break and enter, the accused's significant youth record, and the aggravating factor of committing the B&E while on probation, a custodial sentence emphasizing denunciation and protection of the public is required: two years imprisonment for the break and enter (reduced from the 3-year benchmark), consecutive three months for breach of probation, consecutive three months for theft of a firearm, one day for the YCJA s.137 offence (reflecting remand credit), resulting in a total term of two years and six months; a DNA collection order under s.487.051 is mandatory for the primary-designated offence and victim fine surcharges are waived as undue hardship.

Citation
2010 NSPC 76
Parties
Crown: Her Majesty the Queen; Defendant: Anthony Dimetri Robson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 December 2010
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas accepted; total custodial sentence imposed: 2 years and 6 months; DNA order made; no victim fine surcharge imposed.
Legal Topics
Break and Enter, Theft, Breach of Probation, DNA Collection Order, Sentencing Principles, Victim Surcharge, Youth Record
Source Language
English
Criminal Law Youth Justice Sentencing Firearms Law Property Offences Break and Enter Theft Breach of Probation +4 more

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Parties

Her Majesty the Queen

Crown

Anthony Dimetri Robson

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for residential break and enter with prior youth record
  2. 2 Whether breach of probation should run concurrently or consecutively
  3. 3 Appropriate sentence for theft of a firearm

Ratio Decidendi

Given the gravity of a residential break and enter, the accused's significant youth record, and the aggravating factor of committing the B&E while on probation, a custodial sentence emphasizing denunciation and protection of the public is required: two years imprisonment for the break and enter (reduced from the 3-year benchmark), consecutive three months for breach of probation, consecutive three months for theft of a firearm, one day for the YCJA s.137 offence (reflecting remand credit), resulting in a total term of two years and six months; a DNA collection order under s.487.051 is mandatory for the primary-designated offence and victim fine surcharges are waived as undue hardship.

Court Disposition

Guilty pleas accepted; total custodial sentence imposed: 2 years and 6 months; DNA order made; no victim fine surcharge imposed.

Orders

  • Break and enter (s.348): 2 years custody (federal)
  • Breach of probation: 3 months custody, consecutive to B&E