R. v. Alas

R. v. Alas

The joint recommendation was accepted because the proposed seven-year custodial sentence (three years concurrent on the threats charge) fell within the established sentencing range for similar offences, adequately reflected the significant aggravating factors (brutality, threat to life, home invasion, psychological...

Source-derived case information.

Citation
2019 NSSC 68
Parties
Crown: Her Majesty the Queen; Defendant: Pablo Moises Alas
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 February 2019
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to seven years imprisonment to be served in a federal institution; concurrent three-year sentence on uttering threats; ancillary orders imposed.
Legal Topics
Sexual Assault Causing Bodily Harm, Uttering Threats, Sentencing Principles, Joint Recommendation (anthony Cook), Ancillary Orders (dna, SOIRA, Firearms Prohibition)
Source Language
english
Criminal Law Sexual Offences Sentencing Sexual Assault Causing Bodily Harm Uttering Threats Sentencing Principles Joint Recommendation (anthony Cook) Ancillary Orders (dna, Soira, Firearms Prohibition)

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Parties

Her Majesty the Queen

Crown

Pablo Moises Alas

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept a joint recommendation and the threshold for departure under R. v. Anthony-Cook
  2. 2 Appropriate length of custodial sentence for sexual assault causing bodily harm with aggravating features
  3. 3 Assessment and weight of aggravating and mitigating factors

Ratio Decidendi

The joint recommendation was accepted because the proposed seven-year custodial sentence (three years concurrent on the threats charge) fell within the established sentencing range for similar offences, adequately reflected the significant aggravating factors (brutality, threat to life, home invasion, psychological and physical harm) and did not meet the high Anthony-Cook threshold for rejection; ancillary orders (DNA, 20-year SOIRA registration, 10-year firearms prohibition) were warranted.

Court Disposition

Accused sentenced to seven years imprisonment to be served in a federal institution; concurrent three-year sentence on uttering threats; ancillary orders imposed.

Orders

  • Imprisonment for seven years on the s.272(1)(c) sexual assault causing bodily harm charge
  • Sentence of three years on the s.264.1(1)(a) uttering threats charge to be served concurrently