R. v. Dean

R. v. Dean

Given repeated and flagrant breaches demonstrating an alcohol-related risk to public safety, the court imposed substantial consecutive custodial terms adjusted for totality and remand credit, resulting in an aggregate custody sentence of 755 days; no s.110 order or victim surcharge was imposed.

Citation
2011 NSPC 40
Parties
Crown: Her Majesty the Queen; Accused: Colin Anthony Dean
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 July 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused Colin Anthony Dean sentenced to an aggregate term of 755 days' custody after applying totality and remand credit; guilty pleas accepted; no s.110 order; no victim surcharge imposed.
Legal Topics
Breach of Probation, Possession of Cannabis, Remand Credit, Totality Principle, Denunciation and Deterrence, Victim Surcharge, Section 110 Order
Source Language
English
Criminal Law Sentencing Probation Controlled Substances Breach of Probation Possession of Cannabis Remand Credit Totality Principle +3 more

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Parties

Her Majesty the Queen

Crown

Colin Anthony Dean

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple breaches of probation and a cannabis possession
  2. 2 Application of the totality principle under s.718.2(c)
  3. 3 Application of remand credit under the Truth in Sentencing Act

Ratio Decidendi

Given repeated and flagrant breaches demonstrating an alcohol-related risk to public safety, the court imposed substantial consecutive custodial terms adjusted for totality and remand credit, resulting in an aggregate custody sentence of 755 days; no s.110 order or victim surcharge was imposed.

Court Disposition

Accused Colin Anthony Dean sentenced to an aggregate term of 755 days' custody after applying totality and remand credit; guilty pleas accepted; no s.110 order; no victim surcharge imposed.

Orders

  • Case #2248070: 121 days custody consecutive
  • Case #2265145: 121 days custody consecutive