Break and enter a dwelling-house, Arson causing damage to property, Indignity to human remains
R. v. D.A.D.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender was found guilty after trial of break and enter of a dwelling house with intent to commit an indictable offence, interfering with human remains, and arson, after a man was shot inside the home and the offender helped burn the body in a van. Justice Campbell imposed a total of 4.5 years in custody: 3 years for the break and enter, 18 months consecutive for interfering with human remains, and 18 months concurrent for arson, less 32 days' credit for time in custody. The judge matched the sentence of a co-accused who pleaded guilty, citing parity and the offender's Indigenous background.
In the judge's words
1An Indigenous offender’s sentence may be reduced below the “typical range” in order to give effect to the principles aimed at dealing with the overrepresentation of aboriginal people in custody. While the principles of denunciation and deterrence are generally reflected in ranges judges must consider other relevant sentencing objectives such as rehabilitation and restraint in determining a proportionate sentence for an Indigenous offender.
The record
- Convicted of
- Break and enter a dwelling-house (CC 348(1)(d))
- Arson causing damage to property (CC 434)
- Indignity to human remains (CC 182(b))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Peter Craig, KC and Shauna MacDonald, KC
Defence: David Hirtle, KC and Shawnee Gregory
Sources
- R. v. D.A.D., 2026 NSSC 25 Court decision, CanLII, February 9, 2026
[47] While Mr. … was only 25 at the time of the offence, has no criminal record
[49] … An Indigenous offender’s sentence may be reduced below the “typical range” in order to give effect to the principles aimed at dealing with the overrepresentation of aboriginal people in custody. While the principles of denunciation and deterrence are generally reflected in ranges judges must consider other relevant sentencing objectives such as rehabilitation and restraint in determining a proportionate sentence for an Indigenous offender.
[69] … is sentenced to a custodial term of 4.5 years. That is 1,642 days, without regard to leap years. He has been in custody for a total of 21 days and credit for remand is given at one and a half days for each day served, which is a total of 32 days.
- Criminal Code, s. 348 Record, Justice Laws Website
- R. v. D.A.D., 2026 NSSC 25 Court decision, Courts of Nova Scotia