R. v. Withrow

R. v. Withrow

The court found that a conditional sentence was not available because it was not satisfied that serving the sentence in the community would not endanger community safety given the accused's pattern of violent offending, repeated breaches of court-imposed constraints including deliberate flight from the jurisdiction, and the absence of demonstrated rehabilitation; accordingly the court imposed consecutive custodial sentences (6 months and 2 months) followed by probation and restitution.

Citation
2008 NSPC 28
Parties
Crown: Her Majesty the Queen; Accused: Gregory Ross Withrow
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 June 2008
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted on guilty pleas and sentenced to custody and probation; conditional sentence refused.
Legal Topics
Assault Causing Bodily Harm, Failure to Appear, Conditional Sentence Eligibility, Community Safety Assessment, Probation, Restitution
Source Language
English
Criminal Law Sentencing Conditional Sentence Law Assault Causing Bodily Harm Failure to Appear Conditional Sentence Eligibility Community Safety Assessment Probation +1 more

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Parties

Her Majesty the Queen

Crown

Gregory Ross Withrow

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is available for the offences
  2. 2 Whether serving the sentence in the community would endanger the safety of the community
  3. 3 Appropriate length and structure of custodial sentence and probation

Ratio Decidendi

The court found that a conditional sentence was not available because it was not satisfied that serving the sentence in the community would not endanger community safety given the accused's pattern of violent offending, repeated breaches of court-imposed constraints including deliberate flight from the jurisdiction, and the absence of demonstrated rehabilitation; accordingly the court imposed consecutive custodial sentences (6 months and 2 months) followed by probation and restitution.

Court Disposition

Accused convicted on guilty pleas and sentenced to custody and probation; conditional sentence refused.

Orders

  • Sentence of imprisonment for assault causing bodily harm: 6 months custody.
  • Sentence of imprisonment for failure to appear: 2 months custody, to be served consecutive to the 6 month sentence.