R. v. Smith

R. v. Smith

The Court accepted the joint submission for a 24-month bare federal term as it was within the sentencing range established by local precedents and MacIvor; the Court imposed specific consecutive and concurrent short custodial terms across the dockets to total 24 months, declined to impose probation on release, recommended substance abuse counselling in the warrant of committal, and waived victim surcharge due to inability to pay.

Citation
2013 NSPC 106
Parties
Crown: Her Majesty the Queen; Accused: Stephen McKeen Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 November 2013
Procedural Posture
Criminal Sentencing / Sentencing Hearing Decision
Outcome
Sentence imposed: 24 months imprisonment (bare federal term).
Legal Topics
Breach of Probation, Cause a Disturbance, Section 145 Offences (aggressive Panhandling), Bare Federal Term, Consecutive and Concurrent Sentencing, Victim Surcharge Waiver, Recommendation for Treatment
Source Language
English
Criminal Law Sentencing Corrections Probation Breach of Probation Cause a Disturbance Section 145 Offences (aggressive Panhandling) Bare Federal Term +3 more

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Parties

Her Majesty the Queen

Crown

Stephen McKeen Smith

Accused

Procedural Posture

Criminal Sentencing / Sentencing Hearing Decision

Legal Issues

  1. 1 Whether to accept joint submission for a two-year bare federal term
  2. 2 Appropriate length and structure (concurrent vs consecutive) of sentence for multiple offences and probation breaches
  3. 3 Whether to impose probation on release

Ratio Decidendi

The Court accepted the joint submission for a 24-month bare federal term as it was within the sentencing range established by local precedents and MacIvor; the Court imposed specific consecutive and concurrent short custodial terms across the dockets to total 24 months, declined to impose probation on release, recommended substance abuse counselling in the warrant of committal, and waived victim surcharge due to inability to pay.

Court Disposition

Sentence imposed: 24 months imprisonment (bare federal term).

Orders

  • Case #2657793: 6 months imprisonment (breach of probation)
  • Case #2665485: 3 months imprisonment consecutive (s.175 cause a disturbance, summary)