R. v. MacDonald

R. v. MacDonald

Given the serious nature of the offence (a single but forceful blow to a vulnerable, seated victim resulting in two mandibular fractures, surgery and permanent nerve damage), the offender’s extensive assault record, and the need for denunciation and deterrence, a custodial sentence of 12 months (with a concurrent 1...

Source-derived case information.

Citation
2010 NSSC 281
Parties
Crown: The Queen; Accused: Graham Keith MacDonald
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 June 2010
Procedural Posture
Criminal Aggravated Assault and Breach of Undertaking / Sentencing
Outcome
Accused convicted and sentenced to 12 months imprisonment for aggravated assault and 1 month concurrent for breach of undertaking; credit for pre-sentence custody two-for-one; 12 months probation with conditions; DNA order granted; weapons prohibition imposed; victim surcharge waived.
Legal Topics
Aggravated Assault, Breach of Undertaking, Probation Conditions, Pre Sentence Custody Credit, DNA Order, Victim Surcharge, Firearms Prohibition
Source Language
english
Criminal Law Sentencing Forensic DNA Weapons Prohibition Aggravated Assault Breach of Undertaking Probation Conditions Pre Sentence Custody Credit +3 more

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Parties

The Queen

Crown

Graham Keith MacDonald

Accused

Procedural Posture

Criminal Aggravated Assault and Breach of Undertaking / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated assault causing serious injury
  2. 2 Appropriate sentence for breach of undertaking
  3. 3 Whether to apply two-for-one credit for pre-sentence custody

Ratio Decidendi

Given the serious nature of the offence (a single but forceful blow to a vulnerable, seated victim resulting in two mandibular fractures, surgery and permanent nerve damage), the offender’s extensive assault record, and the need for denunciation and deterrence, a custodial sentence of 12 months (with a concurrent 1 month for breach) was proportionate; two-for-one credit for pre-sentence custody was applied; probation with rehabilitative and no-contact conditions, a s.109 weapons prohibition and a s.487.051 DNA order were imposed; the victim surcharge was waived.

Court Disposition

Accused convicted and sentenced to 12 months imprisonment for aggravated assault and 1 month concurrent for breach of undertaking; credit for pre-sentence custody two-for-one; 12 months probation with conditions; DNA order granted; weapons prohibition imposed; victim surcharge waived.

Orders

  • Twelve months imprisonment for aggravated assault (s.268(1)).
  • One month imprisonment for breach of undertaking (s.145(3)), to be served concurrently.