R. v. Gaudet

R. v. Gaudet

Aggravated assault that involves wounding or conduct that may endanger life meets the s.752 definition of a "serious personal injury offence," rendering a conditional sentence unavailable under amended s.742.1; given the need for denunciation and deterrence and the facts (three stab wounds, one deep), a period of incarceration is unavoidable — nine months' custody on the aggravated assault, suspended sentences and 12 months' probation for the two common assaults, plus post-release probation conditions, a firearms prohibition and a DNA order.

Citation
2009 NSPC 54
Parties
Crown: Her Majesty the Queen; Accused: Robert Joseph Gaudet
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 October 2009
Procedural Posture
Criminal Aggravated Assault and Common Assault / Sentencing Decision
Outcome
Accused sentenced on three offences: two common assault charges suspended with probation; aggravated assault convicted and sentenced to custody.
Legal Topics
Aggravated Assault, Common Assault, Conditional Sentence Eligibility, Probation Conditions, Firearms Prohibition, DNA Order, Sentencing Principles
Source Language
English
Criminal Law Sentencing Aggravated Assault Common Assault Conditional Sentence Eligibility Probation Conditions Firearms Prohibition DNA Order +1 more

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Parties

Her Majesty the Queen

Crown

Robert Joseph Gaudet

Accused

Procedural Posture

Criminal Aggravated Assault and Common Assault / Sentencing Decision

Legal Issues

  1. 1 Whether aggravated assault at issue qualifies as a "serious personal injury offence" under s.752 making conditional sentence unavailable
  2. 2 Appropriate sentence to satisfy denunciation and deterrence given aggravating and mitigating factors
  3. 3 Whether a conditional sentence order is available and appropriate under s.742.1

Ratio Decidendi

Aggravated assault that involves wounding or conduct that may endanger life meets the s.752 definition of a "serious personal injury offence," rendering a conditional sentence unavailable under amended s.742.1; given the need for denunciation and deterrence and the facts (three stab wounds, one deep), a period of incarceration is unavoidable — nine months' custody on the aggravated assault, suspended sentences and 12 months' probation for the two common assaults, plus post-release probation conditions, a firearms prohibition and a DNA order.

Court Disposition

Accused sentenced on three offences: two common assault charges suspended with probation; aggravated assault convicted and sentenced to custody.

Orders

  • Two counts of common assault (s.266(b)) - sentence suspended; probation for 12 months with statutory and specified conditions
  • Aggravated assault (s.268(2)) - nine months incarceration in provincial institution