Canada Case Law

R. v. Bardwell

Court

Court of Appeal for Ontario

The appeal is dismissed because the sentencing judge's finding of wilful, persistent and flagrant breach (no-contact violation and facilitation of drug sales) was supported by ample evidence and the appellant failed to show exceptional circumstances under s.742.6(16) to deem any period of suspension time served; most delay was attributable to the appellant and the breach seriousness defeated a finding of the requisite 'clearest of cases' exception.

Source excerpt

• Breach of conditional sentence
• Section 742.6 criminal code
• Delay and credit for suspension period
• No-contact orders
• Drug trafficking

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R v Graham

Court

Nova Scotia Provincial Court

Applying Adams methodology the court fixed individualized sentences totalling 20 months before remand credit, found the 16 December offences formed part of the same criminal adventure and ordered them concurrent, awarded a remand credit of 300 days (calculated 1.5:1 per Carvery and s.719(3.1)) equal to ten months, and therefore imposed a 10-month conditional sentence order (CSO); ancillary orders included a DNA collection order for the secondary-designated offence, a 9-year-10-month driving prohibition under s.320.24 and victim surcharges, and no further probation given duration of CSO.

Source excerpt

• Dangerous operation
• Flight from police
• Operation while prohibited
• Breach of probation
• Breach of house arrest
• Possession of stolen property

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R. v. Burgess-Champagne

Court

Court of Appeal for Ontario

The trial judge properly reconsidered the availability of a conditional sentence at the resumed sentencing hearing, provided thorough reasons tied to sentencing principles for rejecting a conditional sentence, and the resulting global sentence (24 months less one day custody and 12 months probation) was not demonstrably unfit, so the appeal fails.

Source excerpt

• Possession for purpose of trafficking
• Sentencing principles
• Functus officio
• Parity
• Precedent application (r. v. sharma)

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R. v. Nicholson

Court

Supreme Court of British Columbia

The court accepted a joint submission and imposed a 17-month conditional sentence on a police officer who pleaded guilty to breach of trust involving informants and warrant-related conduct.

• Breach of trust by public officer
• Joint submission on sentence
• Conditional sentence order
• Informant handling
• Abuse of process/search warrant taint
• Breach-of-trust

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R. v. Denny

Court

Nova Scotia Provincial Court

Applying Gladue/Ipeelee principles and conventional sentencing factors (proportionality, denunciation, restraint and rehabilitation), the offender’s youth, significant Gladue factors, diagnosed neurodevelopmental conditions, and community supports made a conditional sentence appropriate and proportionate; a two-month total conditional sentence order with 12 months probation to follow, victim surcharges, and no s.110/DNA order was a fit sentence balancing denunciation, public protection and rehabilitation.

Source excerpt

• Gladue principles
• Judicial notice
• Breach of recognizance
• Assault of peace officer
• Concurrent and consecutive sentencing
• Dna/section 110

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R. v. Kirkpatrick

Court

British Columbia Court of Appeal

The Court of Appeal allowed the Crown’s sentence appeal in part, holding the conditional sentence orders were illegal and substituting lawful terms with probation.

• Illegal sentence
• Consecutive and concurrent sentences
• Credit for pre-sentence custody
• Probation
• Fresh evidence
• Extension of time

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R. v. Stinson

Court

Supreme Court of British Columbia

The court suspended a conditional sentence for 21 days after a curfew breach, declined to terminate the order, and amended a cellphone supervision condition.

• Breach of conditional sentence
• Revocation/termination of conditional sentence
• Sentencing principles
• Curfew violation
• Driving while prohibited
• Amendment of community supervision conditions

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R. v. MacLean

Court

Supreme Court of Nova Scotia

Because the offence attracted a sentence under two years and the court was satisfied that a conditional sentence would not endanger the community and would be consistent with ss.718–718.2 (including denunciation and general deterrence), the judge imposed an 18 month sentence to be served in the community with specific conditions (1/3 house arrest, 1/3 curfew, 1/3 supervision and 120 hours community service) rather than incarceration, applying individualized sentencing and the mitigation of the offender's vulnerability and demonstrated rehabilitation.

Source excerpt

• Conditional sentence
• Breach of trust
• Contraband in custodial institution
• Denunciation
• General deterrence
• Rehabilitation

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R. v. Smith

Court

Nova Scotia Provincial Court

Because the offender acted as a lookout and has significant cognitive impairments and rehabilitative supports, his degree of responsibility is lower than principals; applying proportionality, parity and totality the appropriate penalty for the most serious offence (break and enter/theft) is reduced into a 21–24 month range; the aggregate effective sentence is less than two years so a Conditional Sentence Order of 23 months less one day in the community under strict conditions is both available and appropriate; concurrent short terms imposed for theft of vehicle and flight from police and a co…

Source excerpt

• Sentencing principles
• Proportionality
• Parity
• Totality
• Availability and appropriateness of conditional sentence order
• Electronic monitoring

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R. v. Connelly

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia upheld termination of Christine Ann Connelly’s conditional sentence order after finding a serious breach and no error in the sentencing judge’s discretion.

• Conditional sentence
• Breach of sentence
• Termination
• Sentencing discretion
• Rehabilitation
• Joint sentencing submission

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