Assault, Breach of a probation order, Breach of a release order
R. v. Riley-Zwicker
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Jason Wayne Riley-Zwicker pleaded guilty to assaulting a band employee at Glooscap First Nation and to repeated breaches of a release order and a probation order between January 2022 and January 2023. The Crown sought 420 days in custody and the defence 155 days, or time served. Judge van der Hoek imposed 315 days less 164 days of remand credit, followed by two years of probation, finding the full 420 days unduly harsh on totality and given conditions at the Burnside jail.
In the judge's words
1[44] The Court notes Mr. Riley-Zwicker could be described as a relentless re-offender. The Court is a revolving door, and he appears to have little interest in following court orders or conducting himself in a law-abiding manner.
The record
- Convicted of
- Assault (CC 266)
- Breach of a probation order (CC 733.1, 2 counts)
- Breach of a release order (CC 145(5), 5 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 155 days in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Nathan McLean
Defence: Lauran Haas
Sources
- R. v. Riley-Zwicker, 2023 NSPC 15 Court decision, CanLII, May 1, 2023
[6] The Crown seeks a total sentence of 420 days[1], and the defence seeks 155 days, or time served.
[6] The Crown seeks a total sentence of 420 days[1], and the defence seeks 155 days, or time served.
[1] Mr. Riley-Zwicker is before the Court for sentencing on four separate matters that occurred between January 26, 2022, and January 25, 2023.
[3] Eight months later, on September 21, 2022, with the Release Order conditions still in effect, Mr. Riley-Zwicker was present at
[44] The Court notes Mr. Riley-Zwicker could be described as a relentless re-offender. The Court is a revolving door, and he appears to have little interest in following court orders or conducting himself in a law-abiding manner.
[51] Taking a look back, … So, 315 days minus remand 164 leads to a sentence of 151 going forward. [52] The Conditions of the drafted two-year probation order will also be imposed
- Criminal Code, s. 266 Record, Justice Laws Website
- R. v. Riley-Zwicker, 2023 NSPC 15 Court decision, Courts of Nova Scotia