Criminal Code, section 145(5)
Breach of a release order
What the law says
- Maximum
- 2 years
- Mandatory minimum
- No mandatory minimum
- Kind of offence
- Other
- Prosecuted
- By indictment or summary conviction
18 cases with this offence
- August 25, 20262 years less a day conditional sentence (house arrest for 12 months, then curfew), then 2 years probation
- August 5, 2026R. v. Cancela, 2026 BCSC 1627
- Below the Crown's ask
- On release at the time
Two years less a day conditional sentence, then two years probation - July 21, 2026R v BB, 2026 NSPC 34
- Below the Crown's ask
7 years and 1 month custody before 29 months credit for pre-sentence custody (1,704 days left to serve) - April 21, 20265 years global custody before credit for 714 days (476 actual days at 1.5:1); lifetime firearms ban
- January 16, 2026R. v. K.P.J.I.-B., 2026 BCSC 193
- On release at the time
3.5 years (1,277 days) imprisonment, less 779 days credit for pre-sentence custody; 498 days remaining - October 22, 2025R v. Caldi, 2025 NSSC 426
- On release at the time
9 years' imprisonment (6 years aggravated assault, plus 18 months, 6 months and 1 year consecutive), less 2 years 8 months' credit; 6 years 4 months remaining - October 16, 2025R. v. Kelley, 2025 NSSC 326
- Below the Crown's ask
- On release at the time
3 years 6 months (30 months for the loaded restricted firearm plus 1 year consecutive for possession while prohibited; 45 days concurrent for breach), less 1,059 days remand credit, leaving 219 days; then 24 months probation - June 25, 2025R. v. Cloud, 2025 NSSC 225
- Below the Crown's ask
- On release at the time
3 years, 9 months and 4 days in prison (1,373 days), less 642 days' remand credit - October 10, 20242 years in custody, exceeded by 953 days' credit for 635 days of pre-sentence custody, then 2 years probation
- September 26, 2024R v Wright, 2024 NSPC 45
- Below the Crown's ask
- On release at the time
Suspended sentence with 24 months probation, after 397.5 days of remand credit exceeded a 390-day notional sentence - June 14, 2024R. v. Soderberg, 2024 BCSC 1099
- Below the Crown's ask
- On release at the time
5 years global custody (less 1,028 days credit) and a $1,000 fine - May 13, 2024R. v. Dergez, 2024 BCSC 1367
- Below the Crown's ask
- On release at the time
25 months in custody (750 days), less 214 days credit - May 5, 20235 years (1825 days) on the CDSA count, 30 days concurrent on each breach; credit of 1363 days plus 62 days Duncan credit, leaving 400 days
- May 1, 2023R. v. Riley-Zwicker, 2023 NSPC 15
- Below the Crown's ask
- On release at the time
315 days custody less 164 days remand credit (151 days left), then 2 years probation - April 6, 2023R. v. Nazarek, 2023 BCSC 722
- Below the Crown's ask
- On release at the time
12 years imprisonment (13 reduced by 1 for totality) less 683 days credit; DNA order, lifetime weapons prohibition, CDSA forfeiture - October 21, 2022R. v. Miller, 2022 BCSC 2020
- Below the Crown's ask
- On release at the time
Effective 8 months on Count 1 (1 day after credit for 8 months less a day), concurrent terms on Counts 3 and 5, 30 days consecutive on Count 7; then 3 years probation - August 4, 2022R. v. Joyce, 2022 NSPC 40
- On release at the time
Two years' imprisonment less 26 days' remand credit (704 days to serve); 30 days concurrent on remaining counts - July 19, 202220-month sentence less 10 months remand credit, served as a 10-month conditional sentence order; DNA order, 9-year-10-month driving prohibition; no probation
Judges who sentenced this offence
- The Honourable Judge Del W. Atwood
- The Honourable Justice Scott C. Norton
- The Honourable Justice Andrea L. Ormiston
- The Honourable Justice Andrew P. A. Mayer
- The Honourable Justice Briana Hardwick
- The Honourable Judge Bronwyn Duffy
- The Honourable Justice Bruce Elwood
- The Honourable Justice John A. Keith
- The Honourable Justice John Gibb-Carsley
- The Honourable Justice Lindsay M. Lyster
- The Honourable Justice Michael J. Brundrett
- The Honourable Justice Patrick J. Duncan
- The Honourable Judge Ronda van der Hoek
- The Honourable Justice Steven Wilson
- The Honourable Judge Timothy G. Daley