Uttering threats to cause death or bodily harm, Mischief to other property, Forcible entry

R v. Chambers

  • Below the Crown's ask
  • No jail for a violent offence

Sentence and the Crown's position

Crown asked14 months conditional sentence1
Judge imposedConditional discharge with 16 months probation; $3,500 restitution1

What the law allows

Maximum5 years
Crown asked14 months conditional sentence
Judge imposedDischarge
Defence askedDischarge
For uttering threats to cause death or bodily harm (CC 264.1(1)(a)), the Criminal Code currently allows up to 5 years when the Crown proceeds by indictment, with no mandatory minimum. Read the section.

Carl Chambers pleaded guilty to forcible entry, mischief under $5,000 and uttering a death threat after going to a man's Bridgewater home with a hammer and pruning shears, breaking windows and doors, because he believed the man had touched his partner inappropriately. The Crown sought a conditional sentence of 14 to 16 months; the defence sought a conditional discharge. Justice Rowe granted a conditional discharge with 16 months of conditions and $3,500 in restitution, citing his lack of a record, his long pro-social history and the collateral consequences of a conviction, including for his immigration status.

In the judge's words

The Court is, however, not convinced that imposing a sentence in this case with unseen collateral consequences which a conditional sentence would impose on Mr. Chambers is a balanced sentence as against the rehabilitative aims of sentencing, especially for a first offender, and the parity principle as applied for this offender.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: Bryson McDonald
Defence: David R. Hirtle, K.C.

Sources

  1. R v. Chambers, 2024 NSSC 67 Court decision, CanLII, February 20, 2024[41] The Crown submits that a conditional sentence order of 14 to 16 months is fit and appropriate, with the first half served on house arrest and the remaining half as curfew.[42] Mr. Chambers submits that a conditional discharge of 14 months is appropriate.[2] On June 17, 2020, Carl Chambers lost his temper.[24] Mr. Chambers is 55 years old, and formerly resident in the United Kingdom. He served 16 years in the British Army and has won awards recognizing his merit in that role. He has no prior criminal record.[56] … The Court is, however, not convinced that imposing a sentence in this case with unseen collateral consequences which a conditional sentence would impose on Mr. Chambers is a balanced sentence as against the rehabilitative aims of sentencing, especially for a first offender, and the parity principle as applied for this offender.1. Sentence of conditional discharge in the amount of 16 months from the date of this Order subject to the following conditions:
  2. Criminal Code, s. 264.1 Record, Justice Laws Website
  3. R v. Chambers, 2024 NSSC 67 Court decision, Courts of Nova Scotia

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