R. v. DeYoung

R. v. DeYoung

The court accepted the parties' true joint recommendation for a global sentence of 36 months after applying s.718 objectives and s.718.2(a) factors, finding significant aggravation in the offender's lengthy criminal record and some mitigation in the guilty pleas and demonstrated remorse; the joint recommendation was supported by comparable authorities and factual circumstances, and ancillary orders for DNA, a seven year firearms prohibition, a three year driving prohibition and victim fine surcharge were appropriate and imposed.

Citation
2016 NSSC 94
Parties
Crown: Her Majesty the Queen; Accused: Leslie Walter DeYoung
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas accepted; sentence imposed
Legal Topics
Break and Enter, Theft, Assault With a Weapon, Driving While Disqualified, Possession of Stolen Property, Ancillary Orders, Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Property Offences Motor Vehicle Offences Firearms Prohibition Forensic DNA Orders Break and Enter Theft +5 more

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Parties

Her Majesty the Queen

Crown

Leslie Walter DeYoung

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for break and enter and driving while disqualified
  2. 2 weight to be given to a joint recommendation on sentence
  3. 3 application of s.718 objectives and s.718.2(a) aggravating and mitigating factors

Ratio Decidendi

The court accepted the parties' true joint recommendation for a global sentence of 36 months after applying s.718 objectives and s.718.2(a) factors, finding significant aggravation in the offender's lengthy criminal record and some mitigation in the guilty pleas and demonstrated remorse; the joint recommendation was supported by comparable authorities and factual circumstances, and ancillary orders for DNA, a seven year firearms prohibition, a three year driving prohibition and victim fine surcharge were appropriate and imposed.

Court Disposition

Guilty pleas accepted; sentence imposed

Orders

  • 32 months imprisonment for break and enter contrary to s.348(1)(b) of the Criminal Code
  • 6 months imprisonment for driving while disqualified contrary to s.259(4) of the Criminal Code to be served concurrently with the 32 month sentence