R. v. Larade

R. v. Larade

The court accepted the joint recommendation of two years' imprisonment followed by two years' probation because, applying the Anthony-Cook standard, that disposition would not bring the administration of justice into disrepute nor was it contrary to the public interest in the circumstances of a serious group assault with significant mitigating factors; the sentence was imposed together with ancillary orders (communication prohibition, DNA order, lifetime firearms prohibition) and a $200 victim fine surcharge.

Citation
2017 NSSC 135
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Justin Larade
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentence imposed
Legal Topics
Aggravated Assault, Joint Sentencing Recommendation, Ancillary Orders (dna, Firearms Prohibition, Communication Ban), Victim Fine Surcharge
Source Language
English
Criminal Law Sentencing Aggravated Assault Joint Sentencing Recommendation Ancillary Orders (dna, Firearms Prohibition, Communication Ban) Victim Fine Surcharge

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Parties

Her Majesty the Queen

Crown/prosecution

Justin Larade

Accused/defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated assault causing serious head injury
  2. 2 Whether to accept a joint sentencing recommendation under the Anthony-Cook test
  3. 3 Weighing aggravating and mitigating factors (group attack, in-custody offence, prior record, guilty plea, pre-sentence report)

Ratio Decidendi

The court accepted the joint recommendation of two years' imprisonment followed by two years' probation because, applying the Anthony-Cook standard, that disposition would not bring the administration of justice into disrepute nor was it contrary to the public interest in the circumstances of a serious group assault with significant mitigating factors; the sentence was imposed together with ancillary orders (communication prohibition, DNA order, lifetime firearms prohibition) and a $200 victim fine surcharge.

Court Disposition

Guilty plea accepted; sentence imposed

Orders

  • Custodial sentence of two years' imprisonment
  • Two years' probation to follow imprisonment with standard conditions including reporting, employment/education efforts, prohibition on possession of weapons and no contact with victim Curtis Lynds and specified persons