Breach of an undertaking

R. v. Morrison

Sentence and the Crown's position

Crown askedDischarge1
Judge imposedAbsolute discharge1

What the law allows

Maximum2 years
Crown askedDischarge
Judge imposedDischarge
Defence askedDischarge
For breach of an undertaking (CC 145(4)), the Criminal Code currently allows up to 2 years when the Crown proceeds by indictment, with no mandatory minimum. Read the section.

Terrance John Morrison pleaded guilty to a summary count of breaching an undertaking given to a peace officer by consuming alcohol in 2020. The Crown sought a conditional discharge with 12 months' probation and the defence an absolute discharge. Judge Atwood granted an absolute discharge, finding that he had already completed counselling and that probation was not required.

In the judge's words

As probation is not required for Mr Morrison, an absolute discharge is the appropriate sentence in this case.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
On bail1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: Terri Lipton
Defence: Hector J MacIsaac

Sources

  1. R. v. Morrison, 2021 NSPC 39 Court decision, CanLII, September 10, 2021[1] … The prosecution seeks a conditional discharge with a 12-month term of probation. Defence counsel seeks an absolute discharge.[1] … Defence counsel seeks an absolute discharge.[13] There is no minimum punishment for a charge under ¶ 145(4)(a) of the Code;[1] Terrance John Morrison pleaded guilty to a single summary count of violating an undertaking given to a peace officer (case 8437915) contrary to ¶ 145(4)(a) of the Criminal Code;[6] While subject to an undertaking given to a peace officer which prohibited the consumption of alcohol, Mr Morrison was observed by police on 31 January 2020 at a licensed establishment consuming beverage alcohol.[8] Mr Morrison has no criminal record.[22] As probation is not required for Mr Morrison, an absolute discharge is the appropriate sentence in this case.[26] Mr Morrison is discharged absolutely.
  2. R. v. Morrison, 2021 NSPC 39 Court decision, Courts of Nova Scotia

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