R. v. MacKay

R. v. MacKay

Having weighed aggravating and mitigating factors and concluded the accused is not a danger to the community, the court found a conditional sentence under s.742.1 appropriate; imposed an 18‑month custodial sentence to be served in the community with strict conditions, a five‑year prohibition on operating motor vessels, a $200 victim fine surcharge and a DNA order.

Citation
2008 NSPC 19
Parties
Crown: Her Majesty the Queen; Defendant: Daniel W. MacKay
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 May 2008
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Convicted and sentenced to 18 months imprisonment to be served as a conditional sentence order under Criminal Code s.742.1
Legal Topics
Dangerous Operation of a Vessel, Death and Bodily Harm, Conditional Sentence, Prohibition Order, Victim Surcharge, DNA Order
Source Language
English
Criminal Law Sentencing Maritime Offences Dangerous Operation of a Vessel Death and Bodily Harm Conditional Sentence Prohibition Order Victim Surcharge +1 more

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Parties

Her Majesty the Queen

Crown

Daniel W. MacKay

Defendant

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for dangerous operation of a vessel causing death and bodily harm
  2. 2 Appropriate length and conditions of sentence
  3. 3 Whether the accused is a danger to the community

Ratio Decidendi

Having weighed aggravating and mitigating factors and concluded the accused is not a danger to the community, the court found a conditional sentence under s.742.1 appropriate; imposed an 18‑month custodial sentence to be served in the community with strict conditions, a five‑year prohibition on operating motor vessels, a $200 victim fine surcharge and a DNA order.

Court Disposition

Convicted and sentenced to 18 months imprisonment to be served as a conditional sentence order under Criminal Code s.742.1

Orders

  • Conditional sentence order of 18 months to be served in the community under s.742.1 with specified conditions
  • Keep the peace and be of good behaviour; appear in court when required