R. v. Roach

R. v. Roach

Given the serious, prolonged and terrorizing violence inflicted by the accused on a blameless, older victim in his own home, the presence of multiple aggravating factors and the continuous nature of the offences, concurrent imprisonment terms within a high range were fit; the accused was entitled to two-for-one remand credit (14 months 11 days credited as 28 months 22 days) and the specific sentences imposed were within the reasonable range and will be served concurrently.

Citation
2010 NSSC 370
Parties
Crown: Her Majesty the Queen; Accused: Barry Andrew Roach
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 October 2010
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Accused sentenced to imprisonment on multiple counts with concurrent terms; two-for-one credit for remand time applied; DNA and weapons prohibition orders granted.
Legal Topics
Aggravated Assault, Assault With a Weapon, Unlawful Confinement, Remand Credit, Concurrent Vs Consecutive Sentences, DNA Order, Weapons Prohibition Order, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Violent Offences Aggravated Assault Assault With a Weapon Unlawful Confinement Remand Credit Concurrent Vs Consecutive Sentences +3 more

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Parties

Her Majesty the Queen

Crown

Barry Andrew Roach

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate global and individual sentences for multiple violent offences
  2. 2 Whether home invasion jurisprudence applies by analogy
  3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

Given the serious, prolonged and terrorizing violence inflicted by the accused on a blameless, older victim in his own home, the presence of multiple aggravating factors and the continuous nature of the offences, concurrent imprisonment terms within a high range were fit; the accused was entitled to two-for-one remand credit (14 months 11 days credited as 28 months 22 days) and the specific sentences imposed were within the reasonable range and will be served concurrently.

Court Disposition

Accused sentenced to imprisonment on multiple counts with concurrent terms; two-for-one credit for remand time applied; DNA and weapons prohibition orders granted.

Orders

  • Count 1 (aggravated assault, s.268): term calculated at 10 years less remand credit resulting in effective term of 7 years 7 months and 8 days (after two-for-one remand credit of 28 months 22 days)
  • Counts 2 and 3 (assault with a weapon, s.267(a)): 5 years imprisonment on each count, to be served concurrently and subject to remand credit