S.C.C. 02320 IN THE SUPREME COURT OF NOVA SCOTIA APPEAL DIVISION Clarke, C.J.N.S., Jones and Macdonald, JJ. BETWEEN: DAVID JOSEPH COVIN, and HER MAJESTY THE QUEEN, Respondent Appellant in person Mr. Bruce P. Archibald, for the respondent Appeal Heard: November 27, 1990 Judgment Delivered: November 28, 1990 BY THE COURT: Appeal dismissed from sentences for offences of theft (s. 334 (a)) and mischief (s. 430 (4) (a)), per reasons for judgment of Clarke, C.J.N.S., Jones and Macdonald, JJ.A. concurring. CLARKE, C.J.N.S.: The appellant applies for leave to appeal and, if granted, appeals from the sentences imposed on June 26, 1990 after he pled guilty to two offences. The first relates to the theft of a computer and modem exceeding $ 1,000.00 in value, contrary to s. 334 (a) of the Criminal Code. For this offence he was sentenced to 18 months. The second is the commission of mischief by damaging the motor vehicle into which he broke, and from which he stole the computer and modem. This is in violation of s. 430 (4) (a) of the Criminal Code. He was sentenced to 12 months to be served concurrently with the first offence on the theft charge. The appellant bases his appeal on the ground that the sentence is unfair. He contends that it is too long. have studied the record of the proceedings and considered the submissions that have been made by both the appellant and Crown counsel. agree with the trial judge that the deliberate acts of the appellant constitute serious offences from which the public must be protected. The trial judge was right when he said that general deterrence must be matter of primary concern. The appellant cannot be described as youthful first offender. He was twenty‑eight years old when these offences were committed. His record of criminal convictions begins in 1980. Since then he has been convicted 19 times, without counting those instances when there have been multiple charges. The majority are theft and property related offences. In all the circumstances the sentence imposed by the trial judge contains no errors in law that warrant any variation on appeal. While leave to appeal is granted, the appeal should be dismissed. C.J.N.S. Concurred in: Jones, J.A. Macdonald, J.A. IN THE PROVINCIAL COURT CITY OF HALIFAX THE QUEEN VS DAVID JOSEPH COVIN JUNE 25, 1990 HALIFAX, N.S., JUNE 26, 1990 MS A. MURPHY, for the Crown MR. C. McKINNON, for the Accused BEFORE: JUDGE H. RANDALL MINUTES OF EVIDENCE APPEAL ON SENTENCE MAISIE A. LUMSDEN Court Reporter S.C.C. 02320 IN THE SUPREME COURT OF NOVA SCOTIA APPEAL DIVISION BETWEEN: DAVID JOSEPH COVIN, and HER MAJESTY THE QUEEN, Respondent REASONS FOR JUDGMENT OF CLARKE, C.J.N.S.
28 year old male with 19 previous theft and property related convictions - broke into a vehicle and stole a computer - damaged motor vehicle  -  18 months for theft and 12 months concurrent for mischief upheld on appeal.