R. v. Powell (K.), (1999) 185 Sask.R. 152 (ProvCt)

• Judge: S.P. Whelan, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 01, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 185 Sask.R. 152 (ProvCt)

R. v. Powell (K.) (1999), 185 Sask.R. 152 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. SE.038

Her Majesty The Queen v. Kenneth Powell

(Information No. 2004659)

Indexed As: R. v. Powell (K.)

Saskatchewan Provincial Court

Judicial Centre of Saskatoon

S.P. Whelan, P.C.J.

September 1, 1999.

Summary:

The accused applied to vary a term of a probation order which required him to com­plete 240 hours of community service.

The Saskatchewan Provincial Court amended the probation order to provide that the accused complete no more than 180 hours of community service.

Criminal Law - Topic 5722

Punishments (sentence) - Probation or probation order - Jurisdiction - [See Crim­inal Law - Topic 5735 ].

Criminal Law - Topic 5725

Punishments (sentence) - Probation or probation order - Conditions - Relief from compliance with - [See Criminal Law - Topic 5735 ].

Criminal Law - Topic 5730

Punishments (sentence) - Probation or probation order - Variation of - [See Criminal Law - Topic 5735 ].

Criminal Law - Topic 5735

Punishments (sentence) - Probation or probation order - Community service - The accused applied to vary a term of a proba­tion order which required him to complete 240 hours of community service - He argued that there had been a change of circumstances because of the expansion of his cleaning business and the hours required to attend to it - The Saskatchewan Provincial Court held that it did not have jurisdiction to convert a term of a proba­tion order, in this case a com­munity ser­vice work provision, to a fine or to an order that the accused contribute a sum of money to charity - The court also held that on the merits of the application, it was not persuaded that the accused should be relieved of the obligation in whole or in part - Notwithstanding those comments, the court considered the time period remaining for completion of the community service and amended the pro­bation order to pro­vide that the accused complete no more than 180 hours of com­munity service.

Counsel:

D. Dahl, for the Crown;

K. Clarke, for the accused.

This application was heard before S.P. Whelan, P.C.J., of the Saskatchewan Provin­cial Court, Judicial Centre of Saskatoon, who delivered the following decision on Septem­ber 1, 1999.