R. v. Perrin

R. v. Perrin

The conditional sentence was terminated under s.742.6(9)(d) and the offender committed to custody until its expiration (34 days remaining); for the break and enter offence the court imposed an additional consecutive custodial term of one month and an 18‑month probation order with specified conditions and a DNA order, balancing denunciation, deterrence and rehabilitation and giving credit for an early guilty plea.

Citation
2011 NSPC 110
Parties
Prosecutor: Her Majesty the Queen; Defendant: Kyle Robert Perrin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 December 2011
Procedural Posture
Criminal (break and Enter, Theft, Breach of Conditional Sentence) / Disposition / Sentencing Hearing on Breach and Guilty Plea
Outcome
Conditional sentence terminated; committed to custody until expiration (34 days remaining); additional one month custody consecutive to that term; 18 months probation with conditions; DNA sample order.
Legal Topics
Break and Enter, Theft, Conditional Sentence, Breach of Probation, Sentencing Principles, DNA Order
Source Language
English
Criminal Law Sentencing Probation and Conditional Sentences Break and Enter Theft Conditional Sentence Breach of Probation Sentencing Principles +1 more

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Parties

Her Majesty the Queen

Prosecutor

Kyle Robert Perrin

Defendant

Procedural Posture

Criminal (break and Enter, Theft, Breach of Conditional Sentence) / Disposition / Sentencing Hearing on Breach and Guilty Plea

Legal Issues

  1. 1 Whether to terminate the conditional sentence and commit the offender for breach
  2. 2 Appropriate custodial and non-custodial sentence for break and enter and theft given mitigation
  3. 3 Imposition of probation conditions and DNA order

Ratio Decidendi

The conditional sentence was terminated under s.742.6(9)(d) and the offender committed to custody until its expiration (34 days remaining); for the break and enter offence the court imposed an additional consecutive custodial term of one month and an 18‑month probation order with specified conditions and a DNA order, balancing denunciation, deterrence and rehabilitation and giving credit for an early guilty plea.

Court Disposition

Conditional sentence terminated; committed to custody until expiration (34 days remaining); additional one month custody consecutive to that term; 18 months probation with conditions; DNA sample order.

Orders

  • Provide a DNA sample for the national DNA databank