R. v. Barrons

R. v. Barrons

The application to declare s.742.1(c) unconstitutional is dismissed: s.742.1(c) is a legitimate parliamentary restriction on sentencing options and does not violate ss.7 or 12 of the Charter; existing precedent and deference to legislative policy govern the result.

Source-derived case information.

Citation
2017 NSSC 368
Parties
Crown: Her Majesty the Queen; Accused: Charles Edward John Barrons
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 August 2017
Procedural Posture
Criminal (constitutional Challenge to Sentencing Regime) / Judge Alone Trial; Guilty Plea; Sentencing; Application to Declare S.742.1(c) Unconstitutional
Outcome
Application to declare s.742.1(c) of the Criminal Code unconstitutional dismissed.
Legal Topics
Conditional Sentence, Section 742.1(c) Criminal Code, Break and Enter Sentencing Benchmark, Charter Ss.7 and 12
Source Language
english
Criminal Law Constitutional Law Sentencing Law Conditional Sentence Section 742.1(c) Criminal Code Break and Enter Sentencing Benchmark Charter Ss.7 and 12

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Charles Edward John Barrons

Accused

Procedural Posture

Criminal (constitutional Challenge to Sentencing Regime) / Judge Alone Trial; Guilty Plea; Sentencing; Application to Declare S.742.1(c) Unconstitutional

Legal Issues

  1. 1 Whether s.742.1(c) of the Criminal Code, which excludes offences with a maximum term of 14 years or life from conditional sentences, violates s.7 of the Charter
  2. 2 Whether s.742.1(c) violates s.12 of the Charter (cruel and unusual punishment)
  3. 3 Appropriate sentencing benchmark for break and enter offences and impact of statutory exclusion on sentencing discretion

Ratio Decidendi

The application to declare s.742.1(c) unconstitutional is dismissed: s.742.1(c) is a legitimate parliamentary restriction on sentencing options and does not violate ss.7 or 12 of the Charter; existing precedent and deference to legislative policy govern the result.

Court Disposition

Application to declare s.742.1(c) of the Criminal Code unconstitutional dismissed.

Orders

  • Application dismissed