R. v. Dann

R. v. Dann

The court adopted the reasoning in R. v. Johnson and concluded that the loss of remission/parole delay are circumstances that can justify an enhanced remand credit of up to 1.5:1 under s.719(3.1); the accused was therefore entitled to 1.5:1 credit, but because the custodial sentence of three months had already been effectively served on remand the enhanced ratio produced no practical change to this sentence; imposed 3 months custody for theft and concurrent 30 day terms for each breach, plus 12 months probation with conditions.

Citation
2011 NSPC 22
Parties
Crown: Her Majesty the Queen; Accused: Antron Corey Alison Dann
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 April 2011
Procedural Posture
Criminal / Sentencing
Outcome
Guilty pleas entered; sentenced
Legal Topics
Theft, Breach of Recognizance, Breach of Probation, Pre Trial Custody Credit, Remand Credit, Sentencing Principles
Source Language
English
Criminal Law Sentencing Law Theft Breach of Recognizance Breach of Probation Pre Trial Custody Credit Remand Credit Sentencing Principles

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Parties

Her Majesty the Queen

Crown

Antron Corey Alison Dann

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft and related breaches
  2. 2 Applicability and quantum of pre-trial custody (remand) credit under Criminal Code ss.719(3) and 719(3.1)
  3. 3 Whether consent to remand or provisions of s.524(8) disqualify enhanced remand credit

Ratio Decidendi

The court adopted the reasoning in R. v. Johnson and concluded that the loss of remission/parole delay are circumstances that can justify an enhanced remand credit of up to 1.5:1 under s.719(3.1); the accused was therefore entitled to 1.5:1 credit, but because the custodial sentence of three months had already been effectively served on remand the enhanced ratio produced no practical change to this sentence; imposed 3 months custody for theft and concurrent 30 day terms for each breach, plus 12 months probation with conditions.

Court Disposition

Guilty pleas entered; sentenced

Orders

  • Custody: 3 months for motor vehicle theft (s.334(b)), breaches of recognizance and probation each 30 days to be served concurrently with the 3 month term and concurrently with each other
  • Probation: 12 months with statutory conditions including keep the peace and be of good behaviour, reporting, no contact or communication with T M., assessment, counselling, treatment and programs as directed by probation officer, and not be in any motor vehicle without the registered owner present unless it is a...