R. v. Schell (J.R.), (2002) 313 A.R. 125 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 03, 2002
• Citations: (2002), 313 A.R. 125 (QB);2002 ABQB 439

R. v. Schell (J.R.) (2002), 313 A.R. 125 (QB)

MLB headnote and full text

Temp. Cite: [2002] A.R. TBEd. MY.096

Her Majesty the Queen v. Jason Raymond Schell (accused)

(Action No. 005664602 Q1; 2002 ABQB 439)

Indexed As: R. v. Schell (J.R.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

May 1, 2002.

Summary:

An accused pleaded guilty to possession of stolen car stereo equipment of a value not exceeding $5,000. A joint submission was made for a conditional discharge.

The Alberta Court of Queen's Bench granted a conditional discharge.

Editor's note: for a prior memorandum of decision in which the court adjourned the sentencing in this matter see [2002] A.R. Uned. 216.

Criminal Law - Topic 4431

Procedure - Verdicts, discharges and dismissals - Conditional discharge in lieu of conviction - The Alberta Court of Queen's Bench stated that "an individual is entitled to more than one conditional discharge. This is to be compared and contrasted to the conditional sentencing regime which would make it far less likely that anyone would receive multiple conditional sentences simply because one of the principles of conditional sentences is that the Accused is not likely to reoffend. That precondition does not exist with respect to discharges which is essentially restricted to a determination of the issue of whether or not it is in the public interest to grant the discharge." - See paragraph 57.

Criminal Law - Topic 4431

Procedure - Verdicts, discharges and dismissals - Conditional discharge in lieu of conviction - A 22 year old accused pleaded guilty to possession of stolen equipment of a value not exceeding $5,000 - The stolen equipment had a value of $800 - A joint submission was made for a conditional discharge which included 200 hours of community services or a $2,000 charitable donation and 12 months' probation - The accused had received a six month conditional discharge on a charge of mischief when he was 18 years old - The Alberta Court of Queen's Bench accepted the joint submission and granted a conditional discharge - Given, inter alia, the accused's relative youth, parental support, his reasonably good educational and employment prospects and the detrimental effect a criminal record would have on his future, it could not be said that the case had to be dealt with by way of criminal record - A conditional discharge was not contrary to the public interest.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or apropriate - [See first Criminal Law - Topic 4431 ].

Criminal Law - Topic 5862

Sentence - Possession of stolen goods or goods obtained by crime - [See second Criminal Law - Topic 4431 ].

Cases Noticed:

R. v. MacFarlane (1976), 55 A.R. 222; 3 Alta. L.R.(2d) 341 (C.A.), appld. [para. 10].

R. v. Sanchez-Pino (1973), 11 C.C.C.(2d) 53; 22 C.R.N.S. 350 (Ont. C.A.), refd to. [para. 11].

R. v. Fallofield, [1973] 6 W.W.R. 472; 13 C.C.C.(2d) 450; 22 C.R.N.S. 342 (B.C.C.A.), refd to. [para. 11].

R. v. Moreau (1992), 49 Q.A.C. 239; 76 C.C.C.(3d) 181 (C.A.), refd to. [para. 11].

R. v. Kerr (1982), 43 A.R. 254 (C.A.), refd to. [para. 14].

R. v. Hergert (1977), 3 A.R. 552 (Dist. Ct.), refd to. [para. 18].

R. v. Parisien (1985), 58 A.R. 330 (C.A.), refd to. [para. 22].

R. v. Martin (1974), 8 N.S.R.(2d) 635; 17 C.C.C.(2d) 66 (C.A.), refd to. [para. 23].

R. v. Cottrel and Gandier (1988), 90 A.R. 113 (C.A.), refd to. [para. 24].

R. v. MacEwen (1978), 14 Nfld. & P.E.I.R. 428; 33 A.P.R. 428; 39 C.C.C.(2d) 523 (P.E.I.C.A.), refd to. [para. 24].

R. v. Chiles (D.), [2000] A.R. Uned. 20 (C.A.), refd to. [para. 27].

R. v. Chalifoux (G.L.) (1995), 174 A.R. 348; 102 W.A.C. 348 (C.A.), refd to. [para. 30].

R. v. Smith (J.D.) (1991), 117 A.R. 73; 2 W.A.C. 73 (C.A.), refd to. [para. 33].

R. v. Tucker (B.C.) (1992), 135 A.R. 219; 33 W.A.C. 219 (C.A.), refd to. [para. 33].

R. v. Klijn (J.) (1997), 199 A.R. 231 (Q.B.), refd to. [para. 33].

R. v. Bach (1986), 69 A.R. 161 (C.A.), refd to. [para. 33].

R. v. Soosay (M.D.) (2001), 293 A.R. 292; 257 W.A.C. 292; 160 C.C.C.(3d) 437 (C.A.), refd to. [para. 34].

R. v. Matlashewski (1982), 40 A.R. 181 (C.A.), refd to. [para. 38].

Counsel:

Ashley Finlayson, for the Crown;

Peter Northcott, for the accused.

Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, heard this matter on April 3, 2002, and delivered the following reasons for judgment on May 1, 2002.