R. v. Dimock

R. v. Dimock

The appropriate global sentence is four years' custody (1,460 days) to be served concurrently across counts as they constituted a single criminal adventure; the Court stayed the assault-with-weapon conviction under the rule against multiple convictions for the same act; remand credit of 1.5 days per day was applied (312 days in custody = 468 days credit) yielding a go-forward custodial term of 992 days on the aggravated assault; ancillary orders (10-year firearms prohibition, DNA sample, non-communication order) were imposed; restitution was declined due to financial circumstances and potential interference with rehabilitation.

Citation
2021 NSSC 232
Parties
Crown: Her Majesty the Queen; Accused: Benjamin Thomas Dimock; Co Accused: Jasmine Celisha Williams
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 June 2021
Procedural Posture
Criminal / Sentencing
Outcome
Accused Benjamin Thomas Dimock convicted and sentenced to a global custodial sentence of four years (1,460 days) less remand credit; count 3 stayed under rule against multiple convictions.
Legal Topics
Aggravated Assault, Unlawful Confinement, Assault With a Weapon, Mischief Over $5, 000, Possession of a Weapon for a Dangerous Purpose, Uttering Threats, Sentencing Principles, Remand Credit, Ancillary Orders, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Domestic Violence Sentencing Aggravated Assault Unlawful Confinement Assault With a Weapon Mischief Over $5,000 Possession of a Weapon for a Dangerous Purpose +6 more

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Parties

Her Majesty the Queen

Crown

Benjamin Thomas Dimock

Accused

Jasmine Celisha Williams

Co Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated assault and related offences
  2. 2 Whether sentences should be concurrent or consecutive
  3. 3 Application of aggravating and mitigating factors under s.718.2

Ratio Decidendi

The appropriate global sentence is four years' custody (1,460 days) to be served concurrently across counts as they constituted a single criminal adventure; the Court stayed the assault-with-weapon conviction under the rule against multiple convictions for the same act; remand credit of 1.5 days per day was applied (312 days in custody = 468 days credit) yielding a go-forward custodial term of 992 days on the aggravated assault; ancillary orders (10-year firearms prohibition, DNA sample, non-communication order) were imposed; restitution was declined due to financial circumstances and potential interference with rehabilitation.

Court Disposition

Accused Benjamin Thomas Dimock convicted and sentenced to a global custodial sentence of four years (1,460 days) less remand credit; count 3 stayed under rule against multiple convictions.

Orders

  • Count 2 (aggravated assault s.268(1)): 4 years' custody (1,460 days) less 468 days remand credit (312 days at 1.5:1) resulting in a go-forward sentence of 992 days
  • Count 1 (unlawful confinement s.279(2)): 2 months' custody concurrent