R. v. Conrad

R. v. Conrad Court Court of Appeal Date 1994-03-29 Citation 1994 NSCA 89 Docket CAC 02964 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Jones, Malachi C. (Honourable Justice) (CA); Pugsley, Ronald N. (Honourable Justice) Document Type Decision Decision Content C.A.C. No. 02964 NOVA SCOTIA COURT OF APPEAL Cite as: R. v. Conrad, 1994 NSCA 89 Jones, Freeman and Pugsley, JJ.A. BETWEEN: TREVOR SHAWN CONRAD Patricia A. Dunn ) for the Appellant Appellant ) ) - and - ) ) Gordon S. Gale, Q.C. ) for the Respondent HER MAJESTY THE QUEEN ) ) Respondent ) Appeal Heard: ) March 29, 1994 ) ) ) Judgment Delivered: ) March 29, 1994 ) ) ) ) ) ) ) ) THE COURT: Application for leave to appeal dismissed per oral reasons for judgment of Jones, J.A.; Freeman and Pugsley, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: JONES, J.A.: The appellant was charged with break, entry and theft of a power saw contrary to s. 348(1)(b) of the Code, with theft of lobsters contrary to s. 334(b) of the Code and with breach of his probation. He entered a plea of guilty to theft on the break and entry charge. The conviction was recorded as under s. 334(a) of the Code, an indictable offence. The Crown proceeded on the second charge by way of summary conviction and a plea of guilty was accepted. He also pleaded guilty to the third charge. On the sentencing the trial judge stated that he was imposing a sentence of thirteen months for the theft of the lobsters and three months for the remaining two offences to be served consecutively for a total of nineteen months. Before concluding the matter counsel for the Crown brought to the judge's attention that the theft of the lobsters was a summary conviction offence. The trial judge then stated that the thirteen months was for the offence under s. 334(a) of the Code, the theft of the power saw and the three months was for each of the offences under s. 334(b) and s. 26 of the Young Offenders Act. The warrant of committal sets out the sentences in that manner. The appellant has applied for leave to appeal from the sentence of thirteen months for the theft of the power saw. While the appellant concedes that the sentence is within the range of sentences for this offence he contends that it is excessive having regard to his age and that the learned trial judge erred in imposing sentence as he in fact intended to impose a sentence of three months. Unfortunately the appellant has a significant record as a young offender. The present offences were deliberate and involved a considerable degree of planning. Extended periods of probation have failed to correct the appellant's behaviour. The trial judge obviously considered it necessary to impose a substantial period of imprisonment as a deterrent to this young man. While initially there was an error in the sentencing process we are satisfied that the overall sentence was not in error. In the circumstances the application for leave to appeal is dismissed. J.A. Concurred in: Freeman, J.A. Pugsley, J.A. C.A.C. No. 02964 NOVA SCOTIA COURT OF APPEAL BETWEEN: TREVOR SHAWN CONRAD ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: HER MAJESTY THE QUEEN ) ) JONES, ) J.A. Respondent ) ) ) ) ) ) )