Canada Case Law

R. v. Heikel

Court

Supreme Court of British Columbia

On the balance of probabilities the combined video evidence, credible witness testimony and admitted narrative established that Heikel sold a substance to the male visitor; that trafficking constituted an aggravating factor and, given Heikel's repeated breaches, serious underlying offences and prior warnings, termination of the conditional sentence and commitment to custody until sentence expiration was the appropriate disposition under s.742.6(9).

Source excerpt

• Breach of conditional sentence
• Trafficking
• Standard of proof - balance of probabilities
• Aggravating factors
• Evidence and witness credibility

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R. v. Majedi

Court

Supreme Court of British Columbia

Although the offending was grave (trafficking multiple dangerous drugs while on a prior community order and with 13 prior trafficking convictions), the judge found duress and lifelong trauma significantly diminished moral blameworthiness and objective, sustained rehabilitation and over two years' compliance with strict interim release demonstrated a minimal risk of reoffending; accordingly a fit global sentence is two years less a day to be served conditionally, followed by three years' probation, with ancillary orders (lifetime firearm prohibition, DNA order, forfeiture, $1,200 victim surcha…

Source excerpt

• Trafficking
• Conditional sentence eligibility
• Duress as mitigation
• Rehabilitation
• Ancillary orders (firearms, dna, forfeiture, victim surcharge)

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R. v. Slauenwhite

Court

Supreme Court of Nova Scotia

Given the abuse of a position of trust, the contextual aggravation of committing the theft while awaiting sentence for prior thefts, and the serious victim impact, a custodial sentence would be justified for denunciation and deterrence; however the offender did not pose a danger to the community and met criteria for a conditional sentence. The court therefore imposed a 12-month conditional sentence on full house arrest with reduced community service of 150 hours, a 24-month probation order, a restitution order of $6,229.91, and employment prohibitions limiting access to administration of othe…

Source excerpt

• Section 334(a) theft over $5000
• Section 718 purposes of sentencing
• Aggravating factor: abuse of trust (s.718.2(a)(iii))
• Victim impact (s.722(1))
• Retroactivity/benefit of new sentencing regime (charter s.11(i))
• Availability of conditional sentence post-amendment

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R. v. Dahl

Court

British Columbia Court of Appeal

Court of Appeal allowed the Crown’s sentence appeal, set aside a 12-month conditional sentence, and substituted a 15-month prison term for failing to provide necessaries of life.

• Failing to provide the necessaries of life
• S. 215(2)(b) criminal code
• Denunciation and deterrence
• Proportionality
• S. 718.2(a)(iii) abuse of trust
• Conditional sentence order

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R v. Thibault

Court

Nova Scotia Provincial Court

Defendant does not meet the test for a conditional sentence because of repeated breaches of release and probation conditions, ongoing substance-facilitated offending while under supervision, and a demonstrated risk to public safety; therefore a custodial sentence of 14 months (for aggravated assault) with concurrent sentences (6 months for assaulting an officer, 30 days for breach) and 24 months probation on release is imposed to achieve denunciation, deterrence and public protection while allowing for extended supervision and rehabilitation.

Source excerpt

• Aggravated assault
• Assault on police officer
• Breach of probation
• Conditional sentence order test
• Risk assessment for community safety

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R. v. Howell

Court

Nova Scotia Court of Appeal

Deference is owed to the trial judge's balanced application of sentencing objectives; on the facts (petty retailer, rehabilitation, credible pre‑sentence report) the imposition of two years less one day to be served by conditional sentence was not an error of law nor demonstrably unfit, so the appeal is dismissed.

Source excerpt

• Possession for the purpose of trafficking
• Trafficking
• Conditional sentence orders
• Sentencing principles
• Exceptional circumstances
• Judicial deference to trial judge

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R. v. Mooney

Court

Supreme Court of British Columbia

The court allowed a sentencing appeal, found error in principle in failing to properly assess a conditional sentence, and substituted conditional sentences for assault and threats.

• Assault causing bodily harm
• Uttering threats
• Conditional sentence analysis
• Fresh evidence at appeal
• Remorse in sentencing
• Danger to community assessment

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R. v. Westbury

Court

Supreme Court of British Columbia

The court found a breach of a conditional sentence order and imposed an intermediate sanction: 30 days in custody, then resumption for the remaining 35 days.

• Breach of conditional sentence order
• Suspension of sentence under s.742.6(10)
• Intermediate sanctions under s.742.6(9)
• Alcohol-related breach
• Conditional-sentence-breach
• Sentencing

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R. v. Barton

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal upheld suspension of a conditional sentence and a consecutive one-month theft sentence, finding both fit and refusing fresh evidence.

• Conditional sentence breach
• Suspension of conditional sentence
• Consecutive sentence
• Admission of fresh evidence on appeal
• Jurisdiction under criminal code ss.673 and 675(1.1)
• Drug addiction and sentencing

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R. v. Berar

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Mr. Berar’s application for release pending appeal, finding he had not shown he would surrender into custody.

• Release pending appeal
• Section 679 criminal code
• Unlawful confinement
• Breach of conditional sentence
• Surrender to custody
• Release-pending-appeal

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