R. v. Netser, 2012 NUCA 06

In the Court of Appeal for Nunavut Citation: R. v. Netser, 2012 NUCA 06 Date: 20121026 Docket: 8-11-008-CAS Registry: Iqaluit Between: Her Majesty the Queen Appellant - and - Steven Netser Respondent _______________________________________________________ Oral Reasons for Decision of The Honourable Madam Justice Patricia Rowbotham _______________________________________________________ Appeal from the Sentence by The Honourable Judge R.

Reilly Dated the 17th day of August, 2011 (Docket: 18-10-198; 18-10-199) _______________________________________________________ Oral Reasons for Decision of The Honourable Madam Justice Patricia Rowbotham _______________________________________________________ [ 1 ] The respondent breached a conditional sentence order. He acknowledged the breach and the sentencing judge so found. The sentencing judge accepted a joint submission which included a direction that the respondent pays a fine of $500.00.

[ 2 ] The parties agree that the imposition of a fine is not one of the penalties authorized by

section 742.6(9) of the Criminal Code ( See also R v Tran, 2007 ABCA 172 , [2007] AJ No 524 ). [ 3 ] The only issue before me is whether I am in a position to impose a sentence or whether the matter must be returned to the Nunavut Court of Justice. It is not possible on the material before me to impose a fit sentence. [ 4 ] Accordingly, the appeal is allowed. I direct that the matter be returned to the Nunavut Court of Justice for sentencing on the acknowledged breach. To be clear, the judge who imposes sentence can impose any sentence that is authorized by

section 742.6(9) , including taking no action. Appeal heard on September 25, 2012 Reasons filed at Iqaluit, Nunavut this 26th day of October, 2012 Rowbotham J.A. Appearances: A. Porteous for the Appellant S. Wheildon for the Respondent