R. v. Nickerson

R. v. Nickerson

The court accepted the Crown's 30-day custodial recommendation as proportionate, declined to increase the sentence to address conditions of remand because that would be improper, refused restitution given the accused's existing financial burdens, and imposed the mandatory $100 victim surcharge payable within 24 months.

Citation
2016 NSPC 35
Parties
Crown: Her Majesty the Queen; Accused: Lawrence Glen Nickerson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 May 2016
Procedural Posture
Criminal / Sentencing (summary Prosecution)
Outcome
Accused found guilty on plea; sentenced to 30 days imprisonment; restitution declined; $100 victim surcharge imposed, payable within 24 months.
Legal Topics
Sentencing, Remand Conditions, Segregation, Victim Surcharge, Restitution, Property Damage
Source Language
English
Criminal Law Sentencing Corrections Remand Conditions Segregation Victim Surcharge Restitution Property Damage

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Lawrence Glen Nickerson

Accused

Procedural Posture

Criminal / Sentencing (summary Prosecution)

Legal Issues

  1. 1 Appropriate length of custodial sentence for s.430(4) offence
  2. 2 Whether restitution should be ordered given existing financial burdens
  3. 3 Whether a court may increase a sentence to ameliorate conditions of imprisonment/remand

Ratio Decidendi

The court accepted the Crown's 30-day custodial recommendation as proportionate, declined to increase the sentence to address conditions of remand because that would be improper, refused restitution given the accused's existing financial burdens, and imposed the mandatory $100 victim surcharge payable within 24 months.

Court Disposition

Accused found guilty on plea; sentenced to 30 days imprisonment; restitution declined; $100 victim surcharge imposed, payable within 24 months.

Orders

  • Sentence: 30 days imprisonment for case number 2923292
  • No restitution ordered