R. v. Dunbar

R. v. Dunbar

The sentencing judge over‑emphasized rehabilitation and under‑weighted denunciation, deterrence and the aggravating effect of a long series of related convictions; the one‑day "deemed served" disposition was demonstrably unfit in the circumstances and must be replaced with a short custodial sentence. The appeal is...

Source-derived case information.

Citation
2019 NSSC 96
Parties
Crown/appellant: Her Majesty the Queen; Accused/respondent: Kathy Marie Dunbar
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 March 2019
Procedural Posture
Criminal Appeal (summary Conviction) / Sentence Appeal to Supreme Court (scac)
Outcome
Appeal allowed; original sentence set aside and substituted
Legal Topics
Sentence Appropriateness, Time Served / Credit, Parity Principle, Denunciation and Deterrence, Conditional Sentence, Victim Fine Surcharge
Source Language
english
Criminal Law Sentencing Appeals Sentence Appropriateness Time Served / Credit Parity Principle Denunciation and Deterrence Conditional Sentence +1 more

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Parties

Her Majesty the Queen

Crown/appellant

Kathy Marie Dunbar

Accused/respondent

Procedural Posture

Criminal Appeal (summary Conviction) / Sentence Appeal to Supreme Court (scac)

Legal Issues

  1. 1 Whether sentencing judge erred in imposing a one day jail sentence "deemed served" when the accused was not in custody at sentencing
  2. 2 Whether the sentencing judge failed to consider relevant sentencing principles including prior convictions, parity, and denunciation/deterrence
  3. 3 Whether the sentence was demonstrably unfit

Ratio Decidendi

The sentencing judge over‑emphasized rehabilitation and under‑weighted denunciation, deterrence and the aggravating effect of a long series of related convictions; the one‑day "deemed served" disposition was demonstrably unfit in the circumstances and must be replaced with a short custodial sentence. The appeal is allowed and a 30‑day custodial sentence substituted; the victim fine surcharge is waived under R. v. Boudreault given financial hardship.

Court Disposition

Appeal allowed; original sentence set aside and substituted

Orders

  • Original sentence of one day deemed served set aside
  • Respondent sentenced to 30 days imprisonment (to be served in addition to any other sentences she is currently serving)