R. v. H.C.

R. v. H.C.

Given the offender's significant and repetitive prior record, breaches of community orders, limited prospects for rehabilitation and public safety risk, impose nine months imprisonment for s.380(1)(b), one month consecutive for s.254(5), one month concurrent for the CDSA count; deny remand credit; refuse probation; impose specified driving prohibition, interlock delay and victim surcharges.

Citation
2015 NSPC 18
Parties
Crown: Her Majesty the Queen; Accused: H.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 February 2015
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted on guilty pleas and sentenced to custody with ancillary orders
Legal Topics
Refusal to Provide Breath Sample, Possession of Controlled Substance, Fraud/defrauding Merchant, Sentencing Principles, Remand Credit, Probation, Driving Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Refusal to Provide Breath Sample Possession of Controlled Substance Fraud/defrauding Merchant Sentencing Principles Remand Credit +3 more

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Parties

Her Majesty the Queen

Crown

H.C.

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offences under s.380(1)(b), s.254(5) and s.4(1) CDSA
  2. 2 Weight to be given to early guilty pleas
  3. 3 Effect of extensive prior record on sentencing and deterrence

Ratio Decidendi

Given the offender's significant and repetitive prior record, breaches of community orders, limited prospects for rehabilitation and public safety risk, impose nine months imprisonment for s.380(1)(b), one month consecutive for s.254(5), one month concurrent for the CDSA count; deny remand credit; refuse probation; impose specified driving prohibition, interlock delay and victim surcharges.

Court Disposition

Accused convicted on guilty pleas and sentenced to custody with ancillary orders

Orders

  • s.380(1)(b) offence: nine months imprisonment
  • s.254(5) offence: one month imprisonment to be served consecutively