R. v. Billard

R. v. Billard

The court held that a youth sentence of three years would be insufficient to hold the accused accountable given the high moral blameworthiness, premeditated and practiced dangerous conduct, extensive related charges and public danger; therefore an adult sentence was ordered under YCJA s.72 and the court imposed 54 months' incarceration to be served concurrently on both counts, granted credit equivalent to one year for time spent in custody (resulting in an effective total of 5.5 years), ordered placement in a youth facility where feasible, and imposed ancillary orders including a 10-year firearm prohibition, 10-year driving prohibition and a secondary DNA order.

Citation
2006 NSPC 4
Parties
Crown: R.; Accused: A.A.B. (Archie Billard)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 January 2006
Procedural Posture
Criminal (youth) / Sentencing (s.64 Application for Adult Sentence; S.72 Hearing)
Outcome
Adult sentence imposed under YCJA s.72; concurrent custodial sentences with ancillary orders
Legal Topics
Criminal Negligence Causing Death, Dangerous Driving While Evading Police, Adult Sentence Designation Under YCJA S.64/72, Remand Credit, Ancillary Orders (dna, Firearm Prohibition, Driving Prohibition)
Source Language
English
Criminal Law Youth Criminal Justice Act Sentencing Criminal Negligence Causing Death Dangerous Driving While Evading Police Adult Sentence Designation Under YCJA S.64/72 Remand Credit Ancillary Orders (dna, Firearm Prohibition, Driving Prohibition)

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Parties

R.

Crown

A.A.B. (Archie Billard)

Accused

Procedural Posture

Criminal (youth) / Sentencing (s.64 Application for Adult Sentence; S.72 Hearing)

Legal Issues

  1. 1 Whether a youth sentence would be of sufficient length to hold the young person accountable pursuant to YCJA s.72
  2. 2 Whether to impose an adult sentence under s.64/72 YCJA
  3. 3 Proper sentence length for criminal negligence causing death and dangerous driving evading police

Ratio Decidendi

The court held that a youth sentence of three years would be insufficient to hold the accused accountable given the high moral blameworthiness, premeditated and practiced dangerous conduct, extensive related charges and public danger; therefore an adult sentence was ordered under YCJA s.72 and the court imposed 54 months' incarceration to be served concurrently on both counts, granted credit equivalent to one year for time spent in custody (resulting in an effective total of 5.5 years), ordered placement in a youth facility where feasible, and imposed ancillary orders including a 10-year firearm prohibition, 10-year driving prohibition and a secondary DNA order.

Court Disposition

Adult sentence imposed under YCJA s.72; concurrent custodial sentences with ancillary orders

Orders

  • Impose 54 months' incarceration (concurrent on both offences)
  • Credit for one year of pre-sentence remand time