R. v. Stewart

R. v. Stewart

Given the combination of break-and-enter and arson, the demonstrated public safety risk, the offender's attitude and poor amenability to community-based rehabilitation, the appropriate disposition is a custodial sentence of two years plus a day on the break-and-enter with a concurrent 30-day sentence on the s.430 offence; the offender is entitled to enhanced remand credit at 1.5 days per day (total 522 days) and a DNA collection order is authorized; victim surcharge is declined due to undue hardship and conditional sentence is inapplicable.

Citation
2014 NSPC 22
Parties
Crown: Her Majesty the Queen; Accused: Daniel Kenneth Stewart
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 April 2014
Procedural Posture
Criminal / Sentencing
Outcome
Guilty (break-and-enter with arson on indictment; summary conviction for s.430); total sentence imposed custody two years plus a day, with 30 days concurrent on s.430; enhanced remand credit 1.5 days per day (522 days total); DNA collection order; no victim surcharge.
Legal Topics
Arson, Break and Enter, Sentencing, Remand Credit, DNA Collection Order, Victim Surcharge, Conditional Sentence Ineligibility, Mental Health and Addiction
Source Language
English
Criminal Law Arson Break and Enter Sentencing Remand Credit DNA Collection Order Victim Surcharge Conditional Sentence Ineligibility +1 more

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Parties

Her Majesty the Queen

Crown

Daniel Kenneth Stewart

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Proper custodial sentence for break-and-enter with arson
  2. 2 Appropriate credit for remand under Truth in Sentencing Act s.719(3.1)
  3. 3 Eligibility for conditional sentence

Ratio Decidendi

Given the combination of break-and-enter and arson, the demonstrated public safety risk, the offender's attitude and poor amenability to community-based rehabilitation, the appropriate disposition is a custodial sentence of two years plus a day on the break-and-enter with a concurrent 30-day sentence on the s.430 offence; the offender is entitled to enhanced remand credit at 1.5 days per day (total 522 days) and a DNA collection order is authorized; victim surcharge is declined due to undue hardship and conditional sentence is inapplicable.

Court Disposition

Guilty (break-and-enter with arson on indictment; summary conviction for s.430); total sentence imposed custody two years plus a day, with 30 days concurrent on s.430; enhanced remand credit 1.5 days per day (522 days total); DNA collection order; no victim surcharge.

Orders

  • Impose custody sentence of two years plus a day for break-and-enter (para. 348(1)(b))
  • Impose sentence of 30 days imprisonment on s.430 charge to be served concurrently