R. v. Blagdon

R. v. Blagdon

A conditional sentence of eighteen months served under strict house arrest is appropriate because it can achieve both punitive objectives of denunciation and deterrence and restorative objectives of rehabilitation and family preservation; the offender's prospects for rehabilitation, positive pre-sentence report, compliance with prior conditions and lack of significant record make incarceration unnecessary and a conditional sentence proportionate, with 15 months of prior house arrest credited.

Citation
2013 NSPC 93
Parties
Crown: Her Majesty the Queen; Accused: Shalamar Blagdon
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 October 2013
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence of eighteen months to be served under strict house arrest; sentences concurrent; victim surcharge waived for undue hardship; 15 months of prior house arrest credited.
Legal Topics
Conditional Sentence, Careless Storage of Firearm, Possession Without Licence, Occupant of Vehicle With Firearm, Denunciation and Deterrence, Principle of Restraint
Source Language
English
Criminal Law Firearms Offences Sentencing Law Conditional Sentence Careless Storage of Firearm Possession Without Licence Occupant of Vehicle With Firearm Denunciation and Deterrence +1 more

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Parties

Her Majesty the Queen

Crown

Shalamar Blagdon

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate length of sentence
  3. 3 Application of sentencing principles (denunciation, deterrence, restraint, rehabilitation)

Ratio Decidendi

A conditional sentence of eighteen months served under strict house arrest is appropriate because it can achieve both punitive objectives of denunciation and deterrence and restorative objectives of rehabilitation and family preservation; the offender's prospects for rehabilitation, positive pre-sentence report, compliance with prior conditions and lack of significant record make incarceration unnecessary and a conditional sentence proportionate, with 15 months of prior house arrest credited.

Court Disposition

Conditional sentence of eighteen months to be served under strict house arrest; sentences concurrent; victim surcharge waived for undue hardship; 15 months of prior house arrest credited.

Orders

  • Conditional sentence of eighteen months imposed for each of Counts: s.94(1), s.86(2), s.92(1) to be served concurrently
  • Serve sentence in the community under strict house arrest (in addition to statutory conditions under s.742.3)