R. v. Matheson

R. v. Matheson

Given the statutory criteria for conditional sentences were met, the court concluded that a conditional sentence of two years less a day served in the community, coupled with strict mandatory and additional conditions, would satisfy the objectives of denunciation, general deterrence, rehabilitation and reparation; restitution in the amount of $117,152.45 (less payments) and a $1,000 victim surcharge were ordered.

Citation
2001 NSSC 78
Parties
Crown: Her Majesty the Queen; Accused: Joseph Reeves Matheson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 May 2001
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence imposed: two years less a day to be served in the community (house arrest)
Legal Topics
Breach of Trust, Theft Over $5, 000, Theft Under $5, Forgery, Conditional Sentence, Restitution, Victim Fine Surcharge, Mitigation (adhd)
Source Language
English
Criminal Law Sentencing Fraud and Theft Professional Misconduct Breach of Trust Theft Over $5,000 Theft Under $5,000 Forgery +4 more

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Parties

Her Majesty the Queen

Crown

Joseph Reeves Matheson

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for multiple breaches of trust by a lawyer
  2. 2 Proper application of totality principle for multiple offences
  3. 3 Appropriate restitution and victim surcharge orders

Ratio Decidendi

Given the statutory criteria for conditional sentences were met, the court concluded that a conditional sentence of two years less a day served in the community, coupled with strict mandatory and additional conditions, would satisfy the objectives of denunciation, general deterrence, rehabilitation and reparation; restitution in the amount of $117,152.45 (less payments) and a $1,000 victim surcharge were ordered.

Court Disposition

Conditional sentence imposed: two years less a day to be served in the community (house arrest)

Orders

  • Conditional sentence of two years less a day to be served in the community with mandatory and additional conditions
  • Restitution order for $117,152.45 less amounts already paid as established to the Crown