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
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
1As probation is not required for Mr Morrison, an absolute discharge is the appropriate sentence in this case.
The record
- Convicted of
- Breach of an undertaking (CC 145(4))
- 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
- 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.
- R. v. Morrison, 2021 NSPC 39 Court decision, Courts of Nova Scotia