R. v. Tanner

R. v. Tanner

A jail sentence less than two years is appropriate but serving it as a conditional sentence in the community is justified because the court was satisfied that community safety would not be endangered given offender's circumstances; accordingly imposed six months conditional sentence with 22 months probation and ancillary orders including firearms prohibition, community service and house arrest conditions.

Citation
2012 NSPC 13
Parties
Plaintiff (crown): Her Majesty the Queen; Defendant: Melissa Marlene Tanner
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 January 2012
Procedural Posture
Criminal (provincial Court) / Sentencing
Outcome
Conditional sentence of six months in the community followed by 22 months probation; firearms prohibition pursuant to s.109 of the Criminal Code; 25 hours community service; mandatory assessments and counselling; house arrest for the duration of the conditional sentence; no DNA order; no victim fine surcharge; no...
Legal Topics
Conditional Sentence, Probation, Breach of Undertaking, Community Service, Firearms Prohibition, House Arrest, Restitution
Source Language
English
Criminal Law Sentencing Domestic Violence Conditional Sentence Probation Breach of Undertaking Community Service Firearms Prohibition +2 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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Plaintiff (crown)

Melissa Marlene Tanner

Defendant

Procedural Posture

Criminal (provincial Court) / Sentencing

Legal Issues

  1. 1 What is the fit sentence for multiple offences including domestic assault and breaches
  2. 2 Whether a conditional sentence is appropriate and whether it endangers community safety
  3. 3 Appropriate length and conditions of probation and ancillary orders

Ratio Decidendi

A jail sentence less than two years is appropriate but serving it as a conditional sentence in the community is justified because the court was satisfied that community safety would not be endangered given offender's circumstances; accordingly imposed six months conditional sentence with 22 months probation and ancillary orders including firearms prohibition, community service and house arrest conditions.

Court Disposition

Conditional sentence of six months in the community followed by 22 months probation; firearms prohibition pursuant to s.109 of the Criminal Code; 25 hours community service; mandatory assessments and counselling; house arrest for the duration of the conditional sentence; no DNA order; no victim fine surcharge; no...

Orders

  • Imposed a conditional sentence of 6 months in the community beginning January 17, 2012
  • Report to a conditional sentence supervisor on or before January 19, 2012 by close of business