R. v. Landry

R. v. Landry

The court accepted the joint recommendation of two years plus one day because the offences were at the lower end of seriousness, the offender's moral culpability was low, the joint recommendation was reasonable and consistent with principles of proportionality and parity, conditional sentence was considered but...

Source-derived case information.

Citation
2018 NSPC 8
Parties
Prosecution: Her Majesty the Queen; Defendant: Elvin Scott Landry
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 March 2018
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to two years and one day federal imprisonment, fines and victim surcharges imposed; sentences for listed counts to be served consecutively.
Legal Topics
Theft, Assault, Sentencing Parity, Proportionality, Conditional Sentence, Joint Recommendation, Victim Surcharge, Prior Record
Source Language
english
Criminal Law Sentencing Theft Assault Sentencing Parity Proportionality Conditional Sentence Joint Recommendation +2 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Prosecution

Elvin Scott Landry

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate fit of sentence given multiple thefts and a minor assault
  2. 2 Whether to accept a joint recommendation for a federal term of imprisonment
  3. 3 Whether a conditional sentence was appropriate given offender's circumstances and lost employment opportunity

Ratio Decidendi

The court accepted the joint recommendation of two years plus one day because the offences were at the lower end of seriousness, the offender's moral culpability was low, the joint recommendation was reasonable and consistent with principles of proportionality and parity, conditional sentence was considered but employment prospect was withdrawn, and nothing about the joint submission was contrary to the public interest or administration of justice.

Court Disposition

Defendant sentenced to two years and one day federal imprisonment, fines and victim surcharges imposed; sentences for listed counts to be served consecutively.

Orders

  • Case 8091424: 6 months term of imprisonment.
  • Case 8120921: 6 months term of imprisonment, to be served consecutively.