Breach of Undertaking, Recognizance, or Probation, Failing to Attend (Sentencing Cases)

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Breach of Undertaking, Recognizance, or Probation

Case Name Sentence Summary
R v McDonald,
2017 ONSC 2631 (CanLII)
33 days The offender was convicted at trial of breaching probation x 2 for contacting the victim of a previous harassment charge and failing to keep the peace. In 2014, he received 90 days for breaching probation. The judge also ordered probation. On appeal the reviewing judge called the 33 day sentence "kind".
R v Murphy,
[2011] N.J. No. 43 (C.A.)
1 to 3 mo for breaches
R v Power,
[2010] N.J. No. 331 (P.C.)
R v Oxford,
[2010] N.J. No. 232 (C.A.)
1 mo starting point
R v Lavers,
[2010] N.J. No. 390 (C.A.)
3 months
R v Cagnotti,
2008 ONCJ 696 affd 2009 ONCA 210 (CanLII)
18 months Offender sentenced for 3 counts breach probation and one count breach court order for contacting women online. He had a long record of offences of violence and dishonesty.
R v Suarak
(2006), 262 Nfld. & P.E.I.R. 230 (N.L.S.C.)
1 year breach of 810 order; also sentenced on assault causing bodily harm, break and enter (received 9 years global)
R v SG,
2006 NLTD 144 (CanLII)
fine and probation breach of youth probation as well as assault and mischief.
R v Bennet,
2004 CanLII 21438 (NL PC)
60 days consent contact
R v JRB,
[2004] N.J. No. 39 (P.C.)
60 days two failures to report to the police as required by the undertaking
R v Spellacy
1995 CanLII 9898 (NL CA)
60 days also convicted of mischief
R v Szostak
(2005), 204 O.A.C. 234, [2005] O.J. No. 4901 (ONCA)
14 months Offender sentenced for breach of probation for contacting ex-spouse. This was 7th conviction contact. He also had a long history of violent offences against ex-spouse

Recognizance

Case Name Sentence Summary
R v Young,
2014 NSCA 16 (CanLII)
6 months + Pr breaches for yelling at victim of domestic violence while in court. Overturned sentence of 12 months.
R v Lewis,
2012 NLCA 11 (CanLII)
R v Zimmerman,
2011 ABCA 276 (CanLII),
40 months (global) Breach of 810.2 recognizance x 6, also charged with fraud and breach of SOIRA Order. Found leaving jurisdiction under a false name with stolen money and weapons.
R v Muyser,
2009 ABCA 116 (CanLII
R v D(WC),
2007 BCSC 1912 (CanLII)
12 months (recognizance)
12 months (harassment)
2 years less a day(sex asslt)
2 years less a day(force confine)
R v Clayton,
[2001] NSJ No. 438
4 months breach of recog including keep the peace. Offender had lengthy criminal record over 20 years.
R v Wuckert,
2000 MBCA 5 (CanLII)
6 years (global) offender guilty of fraud x 33, conspiracy, breach x 2.
R v Warren,
1999 CanLII 2205 (ON C.A.)
12 months for 4 counts out on sexual assault; long record
R v Watson
(1991), Alta. CA
1 month concurrent domestic assault; contact breach
R v Fitzgerald,
1990 CanLII 6481 (NL CA)
absolute discharge The accused communicated with prohibited party at a funeral. The prohibited party initiated the communication, it was in earshot of a guard, and it had no "sinister" intent. Overturned a 3 month jail sentence.

Probation

Case Name Sentence Summary
R v Jorgensen,
2007 BCPC 206 (CanLII)
20 days after 8 days credit

Dangerous Offender or Long-term Supervision Orders

Failure to Appear or Attend

Case Name Sentence Summary
R v E.W., 2016 SKQB 226 (CanLII) 15 months [per Barrington-Foote SCJ]
Failure to attend for Identification
Case Name Sentence Summary
R v Cox,
[2009] N.J. No. 333 (P.C.)
R v Williams,
[2007] N.J. No. 97
R v Sheppard,
[2006] N.J. No. 116 (P.C.)
3 months (each) failed to attend court 4 times, also convicted of other offences for a total of 19 months
R v Gale,
[2006] N.J. No. 87 (P.C.)
R v Giovannini,
[2005] N.J. No. 94 (P.C.)
60 days also charged with refusal and fail to report
R v Banks,
2005 ABCA 55 (CanLII)
6 months Offender charged in relation to a sophisticated chop shop. Fled in stolen car before sentencing.
R v JEM,
[2004] N.J. No. 117 (P.C.)
1 month failed to attend court, also charged with many other offences
R v RJS,
1994 Alta. Prov. Ct.
1 day consecutive
R v Dupont
1990 YT Terr. Ct.
$150 fine
Case Name Sentence Summary
R v Giovanninni,
[2005] N.J. No. 94 (P.C.)
60 days
R v O'Keefe,
[2006] N.J. No. 290 (P.C.)
discharge also charged with mischief, no record
R v Pardy,
[2009] N.J. No. 321 (P.C.)
1 month
R v Whiteway,
[2010] N.J. No. 141 (P.C.)
S/S