Accused pleaded guilty to a number of substantive offences, as well as several breaches of Court orders (failing to keep the peace) arising out of the same transactions. Issue regarding the fit sentence for breaches of multiple orders, where the conduct addressed in each of the breaches is the same.
Held: $4 fine imposed.
The Court must avoid double (or triple) punishment for a single act or transaction. As per Omeasoo, 2014 ABPC 79: “The sentence imposed in these circumstances should not only be nominal but it must signal that character to those reviewing the Offender’s record of criminal convictions. A concurrent sentence or sentence of 1 day imprisonment will not do so … However, a nominal fine may have that effect.”
L. McClean – Defence Counsel