R. v. Hemlow (D.G.), (1995) 147 N.S.R.(2d) 1 (SC)

• Judge: Goodfellow, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 06, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 147 N.S.R.(2d) 1 (SC)

R. v. Hemlow (D.G.) (1995), 147 N.S.R.(2d) 1 (SC);

  426 A.P.R. 1

MLB headnote and full text

Her Majesty The Queen v. Darren Grey Hemlow

(CR 113877)

Indexed As: R. v. Hemlow (D.G.)

Nova Scotia Supreme Court

Goodfellow, J.

November 6, 1995.

Summary:

The accused pleaded guilty to break and enter.

The Nova Scotia Supreme Court sentenced the accused to a suspended sentence plus two years' probation with conditions.

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5848.3

Sentencing - Considerations on imposing sentence - Medical - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5851

Sentence - Break and enter - The 35 year old accused pleaded guilty to break and enter - Impulsive act - No premeditation - Health problems, including cirrhosis of the liver and Hepatitis B, C and E - Lengthy, nonviolent criminal record - Disclosed for the first time that the accused was sexually abused in the Shel­burne Youth Centre - Good candidate for long-term treatment in the Lifestyles program - Sexual abuse not a mitigating factor, but it provided, for the first time, the possible root cause of his criminal behaviour and a hope for rehabilitation if the problem was dealt with - The Nova Scotia Supreme Court suspended sentence and imposed two years' probation with conditions - Given the lack of violence, community support and available treatment to re-direct the accused's life, a suspended sentence was not contrary to the public interest.

Cases Noticed:

R. v. Landry, [1995] O.J. No. 2176 (C.J. Prov. Div.), refd to. [para. 12].

R. v. Koe (P.J.) (1994), 47 B.C.A.C. 315; 76 W.A.C. 315 (C.A.), refd to. [para. 12].

R. v. R.B.M. (1990), 54 C.C.C.(3d) 132 (B.C.C.A.), refd to. [para. 13].

Counsel:

Castor H.F. Williams, for the Crown;

Frank P. Hoskins, for the accused.

This case was heard on November 6, 1995, at Halifax, N.S., before Goodfellow, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on November 6, 1995, with written release on January 8, 1996.