R. v. Luciano-Toulany, (1989) 96 N.S.R.(2d) 406 (TD)

• Judge: Kelly, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 17, 1989
• Jurisdiction: Nova Scotia
• Citations: (1989), 96 N.S.R.(2d) 406 (TD)

R. v. Luciano-Toulany (1989), 96 N.S.R.(2d) 406 (TD);

    253 A.P.R. 406

MLB headnote and full text

Her Majesty The Queen v. Saleem Bashir Luciano-Toulany

(C.R. 10882)

Indexed As: R. v. Luciano-Toulany

Nova Scotia Supreme Court

Trial Division

Kelly, J.

October 17, 1989.

Summary:

The accused pleaded guilty to unlawfully stealing money with an imitation offensive weapon (robbery) contrary to s. 343(d) of the Criminal Code.

The Nova Scotia Supreme Court, Trial Division, imposed a three year suspended sentence plus 300 hours of community service work.

Criminal Law - Topic 5833

Sentencing - Considerations - Deterrence - [See Criminal Law - Topic 5855].

Criminal Law - Topic 5835

Sentencing - Considerations - Protection of public - [See Criminal Law - Topic 5855].

Criminal Law - Topic 5855

Sentence - Robbery - A passenger in the accused's van asked him to stop at a bank and wait - Accused had no knowledge of a robbery until then - Accused not involved in the planning or carrying out of the robbery - Excellent character references - Highly favourable presentence report - Accused 31 years old - Married, with three children - Accused had debilitating disease that would leave him handicapped by age 40 - Accused successfully rehabilitated drug addict who helped others through Narcotics Anonymous - The Nova Scotia Supreme Court, Trial Division, held that this was a "rare" case where deterrence and protection of the public did not merit incarceration - The court imposed a three year suspended sentence plus 300 hours of community service work.

Cases Noticed:

R. v. Grady (1971), 5 N.S.R.(2d) 264 (C.A.), consd. [para. 14].

R. v. Hingley (1977), 19 N.S.R.(2d) 541; 24 A.P.R. 541 (C.A.), refd to. [para. 15].

R. v. Young (1985), 70 N.S.R.(2d) 88; 166 A.P.R. 88, refd to. [para. 18].

R. v. Noble (1986), 72 N.S.R.(2d) 170; 173 A.P.R. 170 (C.A.), refd to. [para. 18].

R. v. Wall (1984), 65 N.S.R.(2d) 58; 147 A.P.R. 58 (C.A.), refd to. [para. 18].

R. v. Thompson (1983), 58 N.S.R.(2d) 21; 123 A.P.R. 21 (C.A.), refd to. [para. 19].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 343(d).

Counsel:

W. Delaney, for the Crown;

B. Bailey, for the accused.

This matter was heard before Kelly, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on October 17, 1989.