Dangerous operation of a conveyance, Flight from a peace officer, Operation while prohibited, Breach of a probation order, Breach of a release order, Possession of property obtained by crime $5,000 or under
R. v. Graham
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Justin Daniel Graham pleaded guilty to ten counts committed between December 2021 and January 2022, including dangerous operation of a conveyance, flight from police, two counts of driving while prohibited, possession of a stolen licence plate, three breaches of probation and two breaches of release conditions. The prosecution sought 26 months' imprisonment and the defence ultimately a conditional sentence of about 13 months. Judge Atwood set a 20-month sentence, deducted a 10-month remand credit, and imposed a 10-month conditional sentence order, citing his progress on remand and favourable prospects for rehabilitation.
In the judge's words
1I am satisfied that a CSO would be consistent with the fundamental purposes and principles of sentencing, and would not endanger public safety, given the restrictive conditions which the court will impose, and the favourable prospects for rehabilitation.
The record
- Convicted of
- Dangerous operation of a conveyance (CC 320.13(1))
- Flight from a peace officer (CC 320.17)
- Operation while prohibited (CC 320.18(1), 2 counts)
- Breach of a probation order (CC 733.1, 3 counts)
- Breach of a release order (CC 145(5), 2 counts)
- Possession of property obtained by crime $5,000 or under (CC 354/355(b))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Appeal
- Not yet checked
- Counsel
- Crown: T William Gorman
Defence: Stephen Robertson
Sources
- R v Graham, 2022 NSPC 42 Court decision, CanLII, July 19, 2022
[25] The prosecution recommended a global sentence of 26 months imprisonment (less a 279-day remand credit), followed by a 9-month term of probation, and a 9-year prohibition order to be served consecutively to the 10-year order imposed 20 November 2018 in Kenora ON.
[23] None of the charges before the court is subject to a mandatory-minimum penalty.
[1] Justin Daniel Graham is before the court for sentencing for an array of offences committed between 8 December 2021 and 7 January 2022.
8 December 2021: Mr Graham subject to probation order # 2303662 issued on 21 April 2021 when found in possession of the stolen plate.
[57] I am satisfied that a CSO would be consistent with the fundamental purposes and principles of sentencing, and would not endanger public safety, given the restrictive conditions which the court will impose, and the favourable prospects for rehabilitation.
TOTAL PRE-REMAND-CREDIT SENTENCE: 20 months … [64] Mr Graham is entitled to a remand credit of 300 days … [67] The court imposes a 10-month CSO as follows:
- R v Graham, 2022 NSPC 42 Court decision, Courts of Nova Scotia