R. v. Redden

R. v. Redden

The offender was sentenced to a total of 15 months' imprisonment (14 months for counselling to commit arson and 1 month consecutive for the threat) because the conduct was planned, prolonged and deliberate, the offender has prior convictions for violence and refuses to accept responsibility, and the objectives of...

Source-derived case information.

Citation
2020 NSPC 17
Parties
Crown: Her Majesty The Queen; Defendant: Beverley Francis Redden
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 January 2020
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment and probation with ancillary orders
Legal Topics
Counselling to Commit Offence, Threats to Burn Property, Probation Conditions, Weapons Prohibition, DNA Order, Restitution, Victim Impact
Source Language
english
Criminal Law Sentencing Arson Threats Offence of Counselling Counselling to Commit Offence Threats to Burn Property Probation Conditions +4 more

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Parties

Her Majesty The Queen

Crown

Beverley Francis Redden

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for counselling to commit arson and for threat to burn
  2. 2 Availability of conditional sentence for the offence
  3. 3 Weight of aggravating and mitigating factors including prior violence and denial of responsibility

Ratio Decidendi

The offender was sentenced to a total of 15 months' imprisonment (14 months for counselling to commit arson and 1 month consecutive for the threat) because the conduct was planned, prolonged and deliberate, the offender has prior convictions for violence and refuses to accept responsibility, and the objectives of denunciation, deterrence and protection of the public outweighed mitigation; ancillary orders include a 20-year weapons prohibition, a DNA order and 24 months' probation with specific conditions upon release; restitution was declined to avoid prejudicing civil remedies.

Court Disposition

Offender sentenced to imprisonment and probation with ancillary orders

Orders

  • Imprisonment of 14 months on counselling to commit arson (s.464(a))
  • Imprisonment of 1 month on threat charge (s.264.1(1)), to be served consecutively to the 14 months, for a total of 15 months' imprisonment