R. v. Jordan

R. v. Jordan

Given the totality principle, proportionality, the absence of present danger to public safety, Mr. Jordan's rehabilitative prospects and employability, and applying the jump principle to his prior intermittent custodial sentences, the court concluded a conditional sentence order totalling 270 days (90 + 120 + 60 consecutive days) served in the community is fit; two-year driving prohibitions were imposed for each s.259(4) offence to be served consecutively to existing prohibitions, interlock ineligibility periods were ordered, and victim surcharges were imposed with a 24-month payment period.

Citation
2016 NSPC 39
Parties
Crown: Her Majesty the Queen; Accused: Clifton Curtis Jordan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convictions entered; conditional sentence order totalling 270 days to be served in the community; driving prohibitions and interlock ineligibility periods imposed; victim surcharges imposed.
Legal Topics
Driving While Prohibited, Failure to Attend Court, Conditional Sentence Eligibility, Victim Surcharge, Driving Prohibition, Interlock Ineligibility, Prior Record and Jump Principle
Source Language
English
Criminal Law Sentencing Conditional Sentencing Motor Vehicle Offences Driving While Prohibited Failure to Attend Court Conditional Sentence Eligibility Victim Surcharge +3 more

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Parties

Her Majesty the Queen

Crown

Clifton Curtis Jordan

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence order (CSO) is appropriate
  2. 2 Appropriate length and structuring of consecutive sentences
  3. 3 Application of prohibition periods under s.259 and interlock ineligibility

Ratio Decidendi

Given the totality principle, proportionality, the absence of present danger to public safety, Mr. Jordan's rehabilitative prospects and employability, and applying the jump principle to his prior intermittent custodial sentences, the court concluded a conditional sentence order totalling 270 days (90 + 120 + 60 consecutive days) served in the community is fit; two-year driving prohibitions were imposed for each s.259(4) offence to be served consecutively to existing prohibitions, interlock ineligibility periods were ordered, and victim surcharges were imposed with a 24-month payment period.

Court Disposition

Convictions entered; conditional sentence order totalling 270 days to be served in the community; driving prohibitions and interlock ineligibility periods imposed; victim surcharges imposed.

Orders

  • Conditional sentence order: 90 days for offence dated 16 July 2014 (case 2755245) to be served in the community
  • Consecutive conditional sentence order: 120 days for offence dated 18 February 2016 (case 2958094) to be served in the community