Peter So is charged with failure to comply with a probation order, contrary to section 733.1 of the Criminal Code of Canada. He was previously convicted (on June 22, 2022) of theft under $5,000 for an incident which occurred at the Bay at Bayshore Mall. He was sentenced to 12 months probation with conditions to keep the peace and be of good behaviour; abstain from being in a place where alcohol is sold or dispensed, and abstain from being in Bayshore Mall.

On March 17, 2023, Peter was with some friends at the Heart and Crown celebrating St. Patrick's Day when an altercation broke out, not involving Peter or his friends.  The altercation became increasingly serious when the police were called.  The police did a general sweep of the place, and asked the majority of patrons, including Peter for their ID.  The CPIC check revealed Peter's conditions and he was arrested.  Peter is pleading guilty without the necessity of a trial. 

 

a) Review the offence in the Criminal Code and determine mitigating and aggravating factors (if any); (Presume that the Crown proceeded summarily if the Crown has an election for that offence.) 

b) Describe what you believe would be a fair sentence for the accused based on the facts, the law, case law (from the annotations, or from independent research) and any other factors you believe should be taken into consideration.  Refer to the marking rubric for mark allocations. 

Answer rating: 100% (QA)

a The offense in question is failure to comply with a probation order as per section 7331 of the Cri... View the full answer