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Criminal law 2014 NSCA 85

R. v. MacLean

Court
Nova Scotia Court of Appeal

The Court dismissed the appeal, holding there was no legal error or basis to find counsel conflicted or the trial judge partial, and that the trial judge correctly applied sentencing principles in declining two-for-one remand credit because two-for-one was not available as a matter of law at that time and any credit up to 1.5:1 was discretionary and properly exercised.

Source excerpt

  • Break and enter
  • Pre-trial custody credit
  • Two-for-one credit
  • Judicial impartiality
  • Ineffective assistance of counsel
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Criminal law 2013 NSPC 121

R. v. Jamieson

Court
Nova Scotia Provincial Court

The joint submission was within the permissible range and was accepted; remand credit was declined because the accused had been on bail for related matters; aggravating factors (violent robberies, targeting an ATM user, significant victim impact and commission while on bail) warranted a strongly denunciatory sentence but the accused's age required preservation of rehabilitation prospects, resulting in a five-year global sentence comprised of a four-year sentence for the Connors robbery with a consecutive one-year sentence for the MacKinnon robbery, concurrent short sentences on remaining coun…

Source excerpt

  • Guilty plea mitigation
  • Joint sentence submission
  • Remand credit
  • Denunciation and deterrence
  • Victim impact
  • No-contact endorsement
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Criminal law 2011 ONCA 798

R. v. Edwards

Court
Court of Appeal for Ontario

The trial judge erred by failing to grant enhanced credit for pre-sentence custody where appropriate: credit must be given for the 86-day revocation period and two-for-one credit applied to the first 30-day remand period where the only reason to deny it was a withdrawn breach charge; accordingly the appeal is allowed and the sentence reduced by 202 days.

Source excerpt

  • Pre-sentence custody credit
  • Two-for-one credit
  • Recognizance breach
  • Sentence reduction
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Criminal law 2011 NLCA 12

R. v. Jacque

Court
Newfoundland and Labrador Court of Appeal

Failure by the trial judge to consider pre-trial custody when sentencing was an error in principle; the Court of Appeal must exercise the sentencing discretion on a principled basis and, on the facts, credit 197 days of pre-trial custody on a one-for-one basis was appropriate, reducing the two-year custodial sentence by 197 days; ancillary orders remain unchanged.

Source excerpt

  • Pre-trial custody credit
  • Section 719(3) criminal code
  • Section 718/718.1/718.2 sentencing principles
  • Leave to appeal under s.675(1)(b)
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.