R v M.W. Breaking and Entering into a Dwelling House (Vancouver Provincial Court)

Decision: Conditional Sentence Order

The accused had a prior related record, which was considered to be aggravating. The accused faced a serious jail sentence if a conviction were registered.

Counsel negotiated on the basis of the lack of evidence beyond circumstantial DNA evidence and entered a Plea to Breaking and entering into a “place” in order for a conditional sentence order to be available.

Counsel compiled substantial personal information about the accused and his personal circumstances including health and other related mitigating circumstances to ameliorate any further concerns of continued criminality.

The accused received no Real Jail time.