R. v. Vanmerrebach

R. v. Vanmerrebach

Within the applicable case law range the appropriate sentence did not exceed two years; the statutory criteria for a conditional sentence were satisfied (no minimum, term less than two years, community safety not endangered, and consistency with sentencing objectives), therefore a conditional sentence of two years less a day with strict house arrest and ancillary conditions was imposed together with an additional four year driving prohibition and a mandatory 10 year weapons prohibition, and the victim surcharge was waived.

Citation
2008 NSSC 50
Parties
Crown: Her Majesty the Queen; Accused: Trevor Robert Vanmerrebach
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 March 2008
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence of two years less a day to be served in the community (primarily house arrest) with specified conditions.
Legal Topics
Dangerous Driving Causing Death, Dangerous Driving Causing Bodily Harm, Conditional Sentence, Driving Prohibition, Pre Sentence Report, Victim Impact, Weapons Prohibition
Source Language
English
Criminal Law Road Traffic Law Sentencing Dangerous Driving Causing Death Dangerous Driving Causing Bodily Harm Conditional Sentence Driving Prohibition Pre Sentence Report +2 more

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Parties

Her Majesty the Queen

Crown

Trevor Robert Vanmerrebach

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous driving causing death and bodily harm
  2. 2 Whether a conditional sentence is permissible and appropriate
  3. 3 Assessment of community safety and risk of reoffending

Ratio Decidendi

Within the applicable case law range the appropriate sentence did not exceed two years; the statutory criteria for a conditional sentence were satisfied (no minimum, term less than two years, community safety not endangered, and consistency with sentencing objectives), therefore a conditional sentence of two years less a day with strict house arrest and ancillary conditions was imposed together with an additional four year driving prohibition and a mandatory 10 year weapons prohibition, and the victim surcharge was waived.

Court Disposition

Conditional sentence of two years less a day to be served in the community (primarily house arrest) with specified conditions.

Orders

  • Impose conditional sentence of two years less a day to be served in the community under s.742.3
  • Mandatory s.742.3(1) conditions imposed: keep the peace and be of good behaviour; appear when required; report to supervisor within two working days and as directed; not leave jurisdiction without written permission; notify court/supervisor of changes of name, address or employment