R. v. Croft

R. v. Croft

A 15-month conditional sentence order (CSO) for possession of a prohibited sawed-off rifle (s.92(2)) with the first 9 months under strict house arrest and the next 6 months under a curfew, plus a concurrent 10-day CSO for assault (s.266) and a subsequent 9 months probation, is a fit and proper sentence because a CSO was available, adequately addresses denunciation and deterrence when imposed with onerous conditions, and does not endanger the community; ancillary orders granting a 10-year weapons prohibition under s.109, forfeiture under s.491(1) and a DNA order under s.487.051 were appropriate.

Citation
2013 NSPC 100
Parties
Prosecution: Her Majesty the Queen; Defendant: Jason Michael Croft
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 August 2013
Procedural Posture
Criminal / Sentence Hearing
Outcome
Guilty pleas accepted; sentence imposed
Legal Topics
Assault, Unlawful Possession of Prohibited Weapon, Conditional Sentence Order, Ancillary Orders (dna, Forfeiture, Weapons Prohibition), Pre Sentence Report
Source Language
English
Criminal Law Weapons Law Sentencing Assault Unlawful Possession of Prohibited Weapon Conditional Sentence Order Ancillary Orders (dna, Forfeiture, Weapons Prohibition) Pre Sentence Report

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Parties

Her Majesty the Queen

Prosecution

Jason Michael Croft

Defendant

Procedural Posture

Criminal / Sentence Hearing

Legal Issues

  1. 1 Whether a conditional sentence order (CSO) was available
  2. 2 Whether a CSO was appropriate and fit in all the circumstances
  3. 3 Appropriate length and conditions of sentence to achieve denunciation and deterrence

Ratio Decidendi

A 15-month conditional sentence order (CSO) for possession of a prohibited sawed-off rifle (s.92(2)) with the first 9 months under strict house arrest and the next 6 months under a curfew, plus a concurrent 10-day CSO for assault (s.266) and a subsequent 9 months probation, is a fit and proper sentence because a CSO was available, adequately addresses denunciation and deterrence when imposed with onerous conditions, and does not endanger the community; ancillary orders granting a 10-year weapons prohibition under s.109, forfeiture under s.491(1) and a DNA order under s.487.051 were appropriate.

Court Disposition

Guilty pleas accepted; sentence imposed

Orders

  • 15 month Conditional Sentence Order for s.92(2) Criminal Code to be served in the community: first 9 months house arrest then 6 months subject to curfew
  • 10 day Conditional Sentence Order for s.266 Criminal Code to be served concurrently with the 15 month CSO