R. v. Clifford

R. v. Clifford

The court accepted the joint recommendation of four years' imprisonment as proportionate given the seriousness and the offender's degree of responsibility but applied enhanced remand credit of 1.5-to-1 for 60 days remand (90 days credit) based on detrimental effects of pre-trial detention and the offender's legitimate early bail efforts; court imposed ancillary statutory orders (DNA, victim surcharge, firearms prohibitions, no-contact endorsement).

Citation
2016 NSPC 16
Parties
Crown: Her Majesty the Queen; Accused: Robin Andrew Clifford
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 March 2016
Procedural Posture
Criminal Aggravated Assault (s.268 Criminal Code) / Sentencing
Outcome
Guilty plea to aggravated assault; sentence imposed
Legal Topics
Aggravated Assault, Sentencing Principles, Remand Credit, Abuse of Person Under 18, DNA Collection Order, Firearms Prohibition, Victim Surcharge, Joint Sentencing Recommendation
Source Language
English
Criminal Law Sentencing Procedure Aggravated Assault Sentencing Principles Remand Credit Abuse of Person Under 18 DNA Collection Order +3 more

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Parties

Her Majesty the Queen

Crown

Robin Andrew Clifford

Accused

Procedural Posture

Criminal Aggravated Assault (s.268 Criminal Code) / Sentencing

Legal Issues

  1. 1 Proper sentence for aggravated assault against a minor
  2. 2 Weight of mitigating factors including PTSD and lack of record
  3. 3 Application of enhanced remand credit under s.719(3.1)

Ratio Decidendi

The court accepted the joint recommendation of four years' imprisonment as proportionate given the seriousness and the offender's degree of responsibility but applied enhanced remand credit of 1.5-to-1 for 60 days remand (90 days credit) based on detrimental effects of pre-trial detention and the offender's legitimate early bail efforts; court imposed ancillary statutory orders (DNA, victim surcharge, firearms prohibitions, no-contact endorsement).

Court Disposition

Guilty plea to aggravated assault; sentence imposed

Orders

  • Four years' imprisonment less 90 days credit (1.5-to-1 credit for 60 days remand)
  • Truth in Sentencing Act endorsement on information and warrant of committal