Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation: R. v. Adams, 2010 NSCA 42

Date: 20100513

Docket: CAC 313056

Registry: Halifax

Between:

Her Majesty the Queen

Appellant

v.

Peter Frederick Adams

Respondent

Judge:                   The Honourable Justice Nancy Bateman

Appeal Heard:      April 1, 2010                  

Subject:                Crown appeal from sentence for break, enter and theft; possession of stolen goods and counselling perjury.         

Summary:             After many days of trial, the offender, a businessman with a high income,  pleaded guilty to two counts of break, enter and theft; one count of counselling perjury; and eight counts of possession of stolen property.  The value of the goods involved totalled about $690,000.  The goods possessed could be tracked to thefts taking place over about a three year period.  The offender was sentenced to 42 months incarceration plus finds of $82,000 and community service and probation.  After 2/1 remand credit he would serve an additional 7 months incarceration.  The Crown appealed alleging the sentence manifestly unfit.        

Issue:                    Was the sentence within the range taking into account the circumstances of the offences, those of the offender and the principle of totality?    

Result:                  Appeal allowed.  Sentence manifestly unfit.  Sentence, larger fines and community service vacated. Global sentence of 96 months before remand credit imposed effective the date of original sentencing.  Re-incarceration of offender unavoidable in view of the need to denounce and deter such crimes.  The application of totality discussed in some detail.