R v Graham

R v Graham

Applying Adams methodology the court fixed individualized sentences totalling 20 months before remand credit, found the 16 December offences formed part of the same criminal adventure and ordered them concurrent, awarded a remand credit of 300 days (calculated 1.5:1 per Carvery and s.719(3.1)) equal to ten months, and therefore imposed a 10-month conditional sentence order (CSO); ancillary orders included a DNA collection order for the secondary-designated offence, a 9-year-10-month driving prohibition under s.320.24 and victim surcharges, and no further probation given duration of CSO.

Citation
2022 NSPC 42
Parties
Prosecution: Her Majesty the Queen; Accused: Justin Daniel Graham
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 July 2022
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
10-month conditional sentence order (CSO) imposed; remand credit of 300 days (10 months) applied; DNA collection order for secondary-designated offence; driving prohibition of 9 years 10 months under s.320.24; victim surcharges imposed; no additional probation ordered.
Legal Topics
Dangerous Operation, Flight From Police, Operation While Prohibited, Breach of Probation, Breach of House Arrest, Possession of Stolen Property, Remand Credit, DNA Collection, Prohibition Order, Concurrency and Totality
Source Language
English
Criminal Law Sentencing Conditional Sentence Conveyance/driving Offences Probation/bail Dangerous Operation Flight From Police Operation While Prohibited +7 more

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Parties

Her Majesty the Queen

Prosecution

Justin Daniel Graham

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether accused is eligible for a conditional sentence (CSO) given totality and remand credit
  2. 2 Appropriate calculation and quantum of remand credit
  3. 3 Proper application of Adams multi-count methodology (individualized sentences and aggregation)

Ratio Decidendi

Applying Adams methodology the court fixed individualized sentences totalling 20 months before remand credit, found the 16 December offences formed part of the same criminal adventure and ordered them concurrent, awarded a remand credit of 300 days (calculated 1.5:1 per Carvery and s.719(3.1)) equal to ten months, and therefore imposed a 10-month conditional sentence order (CSO); ancillary orders included a DNA collection order for the secondary-designated offence, a 9-year-10-month driving prohibition under s.320.24 and victim surcharges, and no further probation given duration of CSO.

Court Disposition

10-month conditional sentence order (CSO) imposed; remand credit of 300 days (10 months) applied; DNA collection order for secondary-designated offence; driving prohibition of 9 years 10 months under s.320.24; victim surcharges imposed; no additional probation ordered.

Orders

  • 10-month Conditional Sentence Order (CSO) imposed allocated across counts as set out in reasons (CSO terms to follow checklist read in court)
  • Remand credit of 300 days (10 months) to be endorsed on records pursuant to s.719(3.3) and allocated as: 2 months to prohibited operation (15 Dec), 5 months to dangerous operation, 2 months to flight from police, 1 month to breach of probation