R. v. Demers

R. v. Demers

A six month custodial sentence is fit and proportionate; a conditional sentence would not adequately achieve denunciation required for a police officer who tampered with evidence and breached public trust, therefore impose six months custody (concurrent on counts, consecutive to anything else) followed by one year probation with specified conditions; waive victim fine surcharge; dismiss remaining counts and grant forfeiture.

Citation
2012 NSPC 130
Parties
Prosecution: Her Majesty the Queen; Accused: Joshua Wilfred Demers
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 September 2012
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to six months imprisonment; one year probation imposed; victim fine surcharge waived; remaining counts dismissed; forfeiture order granted.
Legal Topics
Theft, Possession of a Controlled Substance, Breach of Trust, Conditional Sentence, Probation, Denunciation, Victim Fine Surcharge, Forfeiture
Source Language
English
Criminal Law Sentencing Police Misconduct Evidence Tampering Theft Possession of a Controlled Substance Breach of Trust Conditional Sentence +4 more

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Parties

Her Majesty the Queen

Prosecution

Joshua Wilfred Demers

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence length for theft, evidence tampering and breach of trust by a police officer
  2. 2 Whether a conditional sentence is appropriate given the need for denunciation
  3. 3 Impact of accused's mental health and early plea as mitigating factors

Ratio Decidendi

A six month custodial sentence is fit and proportionate; a conditional sentence would not adequately achieve denunciation required for a police officer who tampered with evidence and breached public trust, therefore impose six months custody (concurrent on counts, consecutive to anything else) followed by one year probation with specified conditions; waive victim fine surcharge; dismiss remaining counts and grant forfeiture.

Court Disposition

Convicted and sentenced to six months imprisonment; one year probation imposed; victim fine surcharge waived; remaining counts dismissed; forfeiture order granted.

Orders

  • Six months imprisonment to be served now (sentences concurrent to each other but consecutive to anything else).
  • One year probation with terms: keep the peace and be of good behaviour; appear when required; notify and report to probation officer within 2 days of release and thereafter as directed; notify of changes of name, address or employment; reside in Nova Scotia unless permission granted; not possess or consume...