R. v. Sack

R. v. Sack

Given the frequency, planning and high value of the thefts and the high risk of reoffending, custodial sentences totalling 25 months were necessary despite Gladue mitigation; conditional sentence was excluded or inappropriate; remand credit of 81 days at time-and-a-half applied and some individual sentences reduced under the totality principle; victim surcharge waived where it would cause undue hardship and minimal fines plus surcharges ordered on remaining counts.

Citation
2014 NSPC 107
Parties
Crown: Her Majesty the Queen; Accused: Valerie Claudette Sack
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 December 2014
Procedural Posture
Criminal Sentencing / Sentencing
Outcome
Guilty pleas accepted; global custodial sentence imposed totalling 25 months' imprisonment with specified consecutive and concurrent allocations; fines and victim surcharge orders as set out.
Legal Topics
Theft, Possession of Stolen Property, Failure to Appear, Bail Violation, Gladue Factors, Remand Credit, Totality Principle, Victim Surcharge
Source Language
English
Criminal Law Sentencing Aboriginal/indigenous Law Theft Possession of Stolen Property Failure to Appear Bail Violation Gladue Factors +3 more

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Parties

Her Majesty the Queen

Crown

Valerie Claudette Sack

Accused

Procedural Posture

Criminal Sentencing / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for multiple, planned, high-value thefts across jurisdictions
  2. 2 Application of Gladue and Ipeelee for an Indigenous offender with serious and frequent offending
  3. 3 Whether a conditional sentence is permissible or appropriate

Ratio Decidendi

Given the frequency, planning and high value of the thefts and the high risk of reoffending, custodial sentences totalling 25 months were necessary despite Gladue mitigation; conditional sentence was excluded or inappropriate; remand credit of 81 days at time-and-a-half applied and some individual sentences reduced under the totality principle; victim surcharge waived where it would cause undue hardship and minimal fines plus surcharges ordered on remaining counts.

Court Disposition

Guilty pleas accepted; global custodial sentence imposed totalling 25 months' imprisonment with specified consecutive and concurrent allocations; fines and victim surcharge orders as set out.

Orders

  • Case 2695790 (Aug 6, 2013 theft from Atlantic Superstore): 2 months custody.
  • Case 2655166 (Oct 1, 2013 theft from Wal-Mart): 3 months custody, consecutive.