R. v. MacLean

R. v. MacLean

Given the spontaneous, non‑premeditated nature of the assault, non‑life threatening but moderately disfiguring injury, limited and distant prior record, bail compliance and sentencing parity with comparable cases, a fit sentence is six months imprisonment with 12 months probation, a $200 victim surcharge, DNA order and firearm prohibitions; conditional sentence is statutorily ineligible under s.742.1(c).

Citation
2017 NSPC 34
Parties
Crown: Her Majesty the Queen; Accused: Randall Edwin MacLean
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 February 2017
Procedural Posture
Criminal Aggravated Assault / Sentencing
Outcome
Convicted of aggravated assault; sentence imposed: six months' imprisonment and 12 months' probation.
Legal Topics
Aggravated Assault, Sentencing Principles, Conditional Sentence Ineligibility, Probation Conditions, DNA Collection Order, Firearm Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sentencing Aggravated Assault Sentencing Principles Conditional Sentence Ineligibility Probation Conditions DNA Collection Order Firearm Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Randall Edwin MacLean

Accused

Procedural Posture

Criminal Aggravated Assault / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for an aggravated assault at lower end of severity
  2. 2 Whether a conditional sentence was available
  3. 3 Assessment of moral culpability and antecedents

Ratio Decidendi

Given the spontaneous, non‑premeditated nature of the assault, non‑life threatening but moderately disfiguring injury, limited and distant prior record, bail compliance and sentencing parity with comparable cases, a fit sentence is six months imprisonment with 12 months probation, a $200 victim surcharge, DNA order and firearm prohibitions; conditional sentence is statutorily ineligible under s.742.1(c).

Court Disposition

Convicted of aggravated assault; sentence imposed: six months' imprisonment and 12 months' probation.

Orders

  • Sentence of six months' imprisonment
  • Probation for 12 months commencing immediately upon release from custody with conditions including keep the peace and be of good behaviour; report to probation officer; notify of any change of name/address/employment; abstain from alcohol outside residence; no contact with Michael Paul Gaudet and Gerry Miller;...