R. v. Bowser

R. v. Bowser

The court convicted both accused on the proven circumstantial and recent-possession evidence and imposed custodial sentences reflecting high moral culpability and significant planning: Joseph Bowser received 30 months imprisonment for break and enter (s.348(1)(b)) with a concurrent one-year sentence for possession of stolen property (s.355(a)) (effective total 30 months); Ricky Cameron received one year concurrent on theft (s.334(b)) and possession (s.355(a)) to be served consecutively to his existing two-year federal sentence. The Keinapple rule did not bar the possession conviction; a CSO was unavailable for Bowser because the appropriate sentence exceeded two years; victim surcharges...

Citation
2016 NSPC 68
Parties
Crown: Her Majesty the Queen; Accused: Joseph Bowser; Accused: Ricky Cameron
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 September 2016
Procedural Posture
Criminal (indictment) / Sentencing Decision (post Trial)
Outcome
Convictions affirmed and custodial sentences imposed following trial; sentencing orders entered
Legal Topics
Break and Enter, Theft, Possession of Stolen Property, Sentencing Principles, Totality and Parity, Gladue Principles, Keinapple/multiple Convictions, Conditional Sentence Order, Recent Possession Doctrine, Youth Record Access
Source Language
English
Criminal Law Sentencing Evidence Aboriginal Law Youth Criminal Law Break and Enter Theft Possession of Stolen Property +7 more

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Parties

Her Majesty the Queen

Crown

Joseph Bowser

Accused

Ricky Cameron

Accused

Procedural Posture

Criminal (indictment) / Sentencing Decision (post Trial)

Legal Issues

  1. 1 Identification and conviction on circumstantial and recent possession evidence
  2. 2 Appropriate sentencing range for commercial break and enter and possession of stolen property
  3. 3 Availability and appropriateness of a Conditional Sentence Order (CSO) under the law in effect in October 2011

Ratio Decidendi

The court convicted both accused on the proven circumstantial and recent-possession evidence and imposed custodial sentences reflecting high moral culpability and significant planning: Joseph Bowser received 30 months imprisonment for break and enter (s.348(1)(b)) with a concurrent one-year sentence for possession of stolen property (s.355(a)) (effective total 30 months); Ricky Cameron received one year concurrent on theft (s.334(b)) and possession (s.355(a)) to be served consecutively to his existing two-year federal sentence. The Keinapple rule did not bar the possession conviction; a CSO was unavailable for Bowser because the appropriate sentence exceeded two years; victim surcharges...

Court Disposition

Convictions affirmed and custodial sentences imposed following trial; sentencing orders entered

Orders

  • Joseph Bowser: 30 months imprisonment for break, enter and theft contrary to s.348(1)(b) to be served in a federal penitentiary
  • Joseph Bowser: 1 year imprisonment for possession of stolen property contrary to s.355(a), to be served concurrently with the 30 month sentence (effective total 30 months)