R. v. Frank

R. v. Frank

Eighteen month global custodial sentence (with 10 months remand credit leaving 8 months to serve), structured by specified consecutive and concurrent terms, with a three year probation including strict no-contact and exclusion conditions, DNA order and lifetime firearms prohibition, because the offences were deliberate, calculated and part of a sustained campaign of harassment; the psychiatric assessment excluded NCR-MD and mental disorder did not substantially mitigate moral culpability.

Citation
2012 NSPC 5
Parties
Crown: Her Majesty the Queen; Accused: Robert Douglas Frank
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 January 2012
Procedural Posture
Criminal / Sentencing (post Conviction)
Outcome
Convictions affirmed (entered earlier); sentence imposed
Legal Topics
Criminal Harassment, Breach of Recognizance/undertaking, Mischief, Probation Conditions, Remand Credit, NCR MD Assessment, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Criminal Harassment Breach of Recognizance/undertaking Mischief Probation Conditions Remand Credit NCR MD Assessment +2 more

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Parties

Her Majesty the Queen

Crown

Robert Douglas Frank

Accused

Procedural Posture

Criminal / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate custodial sentence for repeated breaches and criminal harassment
  2. 2 Application and quantum of remand credit
  3. 3 Whether mental disorder mitigates moral blameworthiness

Ratio Decidendi

Eighteen month global custodial sentence (with 10 months remand credit leaving 8 months to serve), structured by specified consecutive and concurrent terms, with a three year probation including strict no-contact and exclusion conditions, DNA order and lifetime firearms prohibition, because the offences were deliberate, calculated and part of a sustained campaign of harassment; the psychiatric assessment excluded NCR-MD and mental disorder did not substantially mitigate moral culpability.

Court Disposition

Convictions affirmed (entered earlier); sentence imposed

Orders

  • Global custodial sentence of 18 months; remand credit of 10 months applied resulting in 8 months remaining to serve
  • Three year probation with statutory conditions plus no direct or indirect contact or communication with Susan and Joyce Chawner, prohibition from being within 100 metres of their residences or Susan Chawner's place of employment, and prohibition from attending the gravesite of Susan Chawner's father