R. v. N.B.P.

R. v. N.B.P.

Applying Anthony-Cook, the court found the parties' common recommendation reasonable because it balanced the offender's youth and rehabilitation prospects against a significant violent record requiring denunciation and deterrence; accordingly the court accepted the joint recommendation and imposed consecutive custodial terms totaling 12 months with ancillary DNA, prohibition and non‑communication orders consistent with statutory provisions and sentencing principles.

Citation
2018 NSPC 39
Parties
Crown: Her Majesty the Queen; Accused: N.B.P.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 September 2018
Procedural Posture
Criminal Sentencing / Sentencing Hearing Following Guilty Pleas With Negotiated Common Recommendation
Outcome
Accepted parties' common recommendation and sentenced the accused as an adult to a total of 12 months' imprisonment consecutive to time being served, with ancillary orders including DNA collection, a five-year prohibition under s.110 commencing on release, a warrant endorsement non‑communication order while in...
Legal Topics
Assault, Assaulting a Peace Officer, Joint Submission, Conversion of Youth Sentence, DNA Collection Order, No Contact Order, Victim Surcharge, Ancillary Orders
Source Language
English
Criminal Law Youth Criminal Justice Sentencing Assault Assaulting a Peace Officer Joint Submission Conversion of Youth Sentence DNA Collection Order +3 more

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Parties

Her Majesty the Queen

Crown

N.B.P.

Accused

Procedural Posture

Criminal Sentencing / Sentencing Hearing Following Guilty Pleas With Negotiated Common Recommendation

Legal Issues

  1. 1 Whether the court should accept the parties' joint/common sentencing recommendation
  2. 2 Whether to sentence the offender as an adult and whether to convert any youth disposition
  3. 3 Appropriate length and structure (consecutive) of custody for multiple assaults

Ratio Decidendi

Applying Anthony-Cook, the court found the parties' common recommendation reasonable because it balanced the offender's youth and rehabilitation prospects against a significant violent record requiring denunciation and deterrence; accordingly the court accepted the joint recommendation and imposed consecutive custodial terms totaling 12 months with ancillary DNA, prohibition and non‑communication orders consistent with statutory provisions and sentencing principles.

Court Disposition

Accepted parties' common recommendation and sentenced the accused as an adult to a total of 12 months' imprisonment consecutive to time being served, with ancillary orders including DNA collection, a five-year prohibition under s.110 commencing on release, a warrant endorsement non‑communication order while in...

Orders

  • Case 8087544: three months' imprisonment, consecutive to time being served
  • Case 8160749: nine months' imprisonment, consecutive to time being served and consecutive to the sentence in case 8087544 (total 12 months)