R. v. T.D.R.

R. v. T.D.R.

A three-month custodial sentence on each count, to be served concurrently with each other and with any time served, is proportionate given the age of the offences, the offender's rehabilitative progress and risk factors; a victim surcharge is declined because it would cause undue hardship; concurrency preserves the offender's federal warrant expiry date.

Citation
2015 NSPC 26
Parties
Prosecution: Her Majesty the Queen; Defendant: T.D.R.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 April 2015
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to three months custody on each of the four charges, to be served concurrently with each other and concurrently with any time served; victim surcharge declined.
Legal Topics
Property Offences, Concurrent Sentences, Victim Surcharge, Parole/warrant Expiry, Rehabilitation and Addiction
Source Language
English
Criminal Law Sentencing Corrections Youth Justice Property Offences Concurrent Sentences Victim Surcharge Parole/warrant Expiry +1 more

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Parties

Her Majesty the Queen

Prosecution

T.D.R.

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for historical property offences
  2. 2 Whether victim surcharge should be imposed or waived due to undue hardship
  3. 3 Whether sentences should be concurrent and effect on federal warrant expiry

Ratio Decidendi

A three-month custodial sentence on each count, to be served concurrently with each other and with any time served, is proportionate given the age of the offences, the offender's rehabilitative progress and risk factors; a victim surcharge is declined because it would cause undue hardship; concurrency preserves the offender's federal warrant expiry date.

Court Disposition

Offender sentenced to three months custody on each of the four charges, to be served concurrently with each other and concurrently with any time served; victim surcharge declined.

Orders

  • Three month sentence on each of the four charges to be served concurrently to each other and concurrently with time already served
  • No victim surcharge imposed due to undue hardship