R. v. Moore

R. v. Moore

Given the offence was at the lower end of aggravated-assault seriousness, the offender's youth, remorse, compliance with stringent bail, evidence of rehabilitation engagement and the mandatory Gladue consideration of systemic Aboriginal factors, the court held that non-custodial sanctions were adequate and proportionate: the passing of sentence for aggravated assault and breach was suspended and a two-year probation order imposed with ancillary mandatory orders (DNA, s.109 weapons prohibition, victim surcharges, restitution and forfeiture).

Citation
2018 NSPC 48
Parties
Crown: Her Majesty the Queen; Accused: Rose Bethany Moore
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 November 2018
Procedural Posture
Criminal / Sentencing
Legal Topics
Aggravated Assault, Operating With Prohibited Blood Alcohol Concentration, Breach of Undertaking, Gladue Considerations, DNA Collection Order, Weapons Prohibition, Probation, Fines and Victim Surcharge, Restitution
Source Language
English
Criminal Law Sentencing Aboriginal Law Bail/undertakings Impaired Driving Aggravated Assault Operating With Prohibited Blood Alcohol Concentration Breach of Undertaking +6 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Rose Bethany Moore

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the fit sentence for aggravated assault committed by a first-time, alcohol-impaired Aboriginal offender?
  2. 2 Whether custodial sentence is required versus a suspended/community-based sentence given Gladue/Ipeelee factors and proportionality
  3. 3 Appropriate sanctions for breach of a form 11.1 undertaking

Ratio Decidendi

Given the offence was at the lower end of aggravated-assault seriousness, the offender's youth, remorse, compliance with stringent bail, evidence of rehabilitation engagement and the mandatory Gladue consideration of systemic Aboriginal factors, the court held that non-custodial sanctions were adequate and proportionate: the passing of sentence for aggravated assault and breach was suspended and a two-year probation order imposed with ancillary mandatory orders (DNA, s.109 weapons prohibition, victim surcharges, restitution and forfeiture).