R. v. Denny

R. v. Denny

Applying Gladue/Ipeelee principles and conventional sentencing factors (proportionality, denunciation, restraint and rehabilitation), the offender’s youth, significant Gladue factors, diagnosed neurodevelopmental conditions, and community supports made a conditional sentence appropriate and proportionate; a two-month total conditional sentence order with 12 months probation to follow, victim surcharges, and no s.110/DNA order was a fit sentence balancing denunciation, public protection and rehabilitation.

Citation
2016 NSPC 83
Parties
Prosecution: Her Majesty the Queen; Defendant: Hope Denny
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 July 2016
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence order totalling two months; 12-month probation to commence upon expiration of CSO; victim surcharges imposed; no DNA/s.110 order.
Legal Topics
Gladue Principles, Judicial Notice, Breach of Recognizance, Assault of Peace Officer, Concurrent and Consecutive Sentencing, Dna/section 110, Victim Surcharge
Source Language
English
Criminal Law Sentencing Aboriginal Law Domestic Violence Probation Conditional Sentence Gladue Principles Judicial Notice +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Hope Denny

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is a fit sentence for multiple summary and indictable offences including assault and breaches of recognizance
  2. 2 How s.718.2(e) Gladue/Ipeelee principles and judicial notice of systemic Aboriginal background affect sentencing
  3. 3 Whether immediate custody is required or a conditional sentence is appropriate

Ratio Decidendi

Applying Gladue/Ipeelee principles and conventional sentencing factors (proportionality, denunciation, restraint and rehabilitation), the offender’s youth, significant Gladue factors, diagnosed neurodevelopmental conditions, and community supports made a conditional sentence appropriate and proportionate; a two-month total conditional sentence order with 12 months probation to follow, victim surcharges, and no s.110/DNA order was a fit sentence balancing denunciation, public protection and rehabilitation.

Court Disposition

Conditional sentence order totalling two months; 12-month probation to commence upon expiration of CSO; victim surcharges imposed; no DNA/s.110 order.

Orders

  • Case 2922350 (assault) — one month conditional sentence order (CSO)
  • Case 2922352 (unlawful confinement 1) — one month CSO concurrent