Motor vehicle theft, Break and enter a place other than a dwelling-house, Mischief to other property
R. v. Burns
Sentence and the Crown's position
What the law allows
Justin Burns pleaded guilty to breaking and entering a liquor store and committing theft, two counts of motor vehicle theft, and mischief, all committed over three days in June 2022 shortly after he turned 18. The Crown sought a conditional sentence of 12 to 14 months followed by probation; the defence sought a conditional discharge. Justice Arnold granted a conditional discharge with 18 months' probation, citing his youth, lack of prior involvement with the criminal justice system, time on pre-trial conditions, and inability to access his ADHD medication.
In the judge's words
1It would not be contrary to the public interest to grant a conditional discharge on the specific facts of this case, when combined with Mr. Burns’s personal characteristics and circumstances.
The record
- Convicted of
- Motor vehicle theft (CC 333.1, 2 counts)
- Break and enter a place other than a dwelling-house (CC 348(1)(e))
- Mischief to other property (CC 430(4))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: Bill Gorman
Defence: Robert Jeffcock
Sources
- R. v. Burns, 2023 NSSC 424 Court decision, CanLII, December 14, 2023
[11] The Crown says that custody is required and a discharge is inappropriate, seeks a conditional sentence of 12-to-14 months followed by probation, and focuses on the break and enter charge as the most serious:
[1] One month after Justin Burns turned 18, he found himself homeless … The defence seeks a conditional discharge, or, in the alternative, a suspended sentence.
[61] Justin Burns will receive a conditional discharge and is placed on probation for 18 months with the above-noted conditions.
[1] One month after Justin Burns turned 18, he found himself homeless … Prior to that time, Mr. Burns had no involvement with the criminal justice system.
[56] … It would not be contrary to the public interest to grant a conditional discharge on the specific facts of this case, when combined with Mr. Burns’s personal characteristics and circumstances.
[61] Justin Burns will receive a conditional discharge and is placed on probation for 18 months with the above-noted conditions.
- R. v. Burns, 2023 NSSC 424 Court decision, Courts of Nova Scotia