R. v. McKenna

R. v. McKenna

Because theft and breach of probation involve distinct criminal elements and protect different interests, and given the offender's extensive record, compulsive reoffending and low prospect of rehabilitation, the appropriate sentence is six months for theft plus twelve months consecutive for breach of probation (total 18 months), with applicable endorsements and victim surcharges; concurrent service to an existing sentence was ordered to account for remand time.

Citation
2014 NSPC 99
Parties
Crown: Her Majesty the Queen; Accused: Randall Bruce McKenna
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 September 2014
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to a total of 18 months' imprisonment (6 months for theft and 12 months consecutive for breach of probation); convictions recorded.
Legal Topics
Breach of Probation, Theft, Concurrent Vs Consecutive Sentencing, Stare Decisis, Victim Surcharge
Source Language
English
Criminal Law Sentencing Probation Law Theft Offences Breach of Probation Theft Concurrent Vs Consecutive Sentencing Stare Decisis +1 more

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Parties

Her Majesty the Queen

Crown

Randall Bruce McKenna

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether sentences for theft and breach of probation arising from the same incident should be concurrent or consecutive
  2. 2 Appropriate length of imprisonment given offender's extensive record and need for specific deterrence
  3. 3 Whether prior court decisions bind this court (stare decisis) or whether 'judicial comity' applies

Ratio Decidendi

Because theft and breach of probation involve distinct criminal elements and protect different interests, and given the offender's extensive record, compulsive reoffending and low prospect of rehabilitation, the appropriate sentence is six months for theft plus twelve months consecutive for breach of probation (total 18 months), with applicable endorsements and victim surcharges; concurrent service to an existing sentence was ordered to account for remand time.

Court Disposition

Accused sentenced to a total of 18 months' imprisonment (6 months for theft and 12 months consecutive for breach of probation); convictions recorded.

Orders

  • Six months' imprisonment for theft (s. 733.1 / s.354(1)(a) matter)
  • Twelve months' imprisonment for breach of probation, to be served consecutive to the six-month sentence