R. v. Allen

R. v. Allen

On the balance of probabilities the court found the accused breached three conditions of his conditional sentence order: possession/consumption of alcohol outside his residence, possession of a controlled substance, and failure to comply with house arrest/supervision requirements, based on video evidence, admissions and physical evidence of marijuana and paraphernalia.

Citation
2012 NSPC 22
Parties
Prosecutor: Her Majesty the Queen; Accused: Mark Timothy Allen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 January 2012
Procedural Posture
Criminal Breach of Conditional Sentence / Breach Hearing (provincial Court)
Outcome
Accused found to have breached conditional sentence order on three grounds (alcohol possession, controlled substance possession, failure to comply with house arrest/supervision).
Legal Topics
Breach of Conditional Sentence Order, Possession of Alcohol, Possession of Controlled Substances, House Arrest Compliance, Standard of Proof Balance of Probabilities
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Breach of Conditional Sentence Order Possession of Alcohol Possession of Controlled Substances House Arrest Compliance Standard of Proof Balance of Probabilities

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Parties

Her Majesty the Queen

Prosecutor

Mark Timothy Allen

Accused

Procedural Posture

Criminal Breach of Conditional Sentence / Breach Hearing (provincial Court)

Legal Issues

  1. 1 Whether the accused breached a no‑alcohol condition of his conditional sentence order
  2. 2 Whether the accused possessed a controlled substance contrary to his conditional sentence order
  3. 3 Whether the accused failed to comply with house arrest/supervision conditions

Ratio Decidendi

On the balance of probabilities the court found the accused breached three conditions of his conditional sentence order: possession/consumption of alcohol outside his residence, possession of a controlled substance, and failure to comply with house arrest/supervision requirements, based on video evidence, admissions and physical evidence of marijuana and paraphernalia.

Court Disposition

Accused found to have breached conditional sentence order on three grounds (alcohol possession, controlled substance possession, failure to comply with house arrest/supervision).