R. v. Hardiman

R. v. Hardiman

The accused was sentenced to six years' imprisonment because his direct, unhesitant participation in a planned, coordinated gang assault within a custodial setting made his moral blameworthiness equivalent to co-offenders who received six years; his youth and limited record did not justify a lower sentence given the...

Source-derived case information.

Citation
2022 NSSC 198
Parties
Crown: Her Majesty the Queen; Accused: Wesley Todd Hardiman
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 July 2022
Procedural Posture
Criminal (aggravated Assault) / Sentencing (post Conviction)
Outcome
Sentence imposed: 6 years' imprisonment with remand credit applied; firearms prohibition under s.109 and a DNA order to be signed.
Legal Topics
Aggravated Assault, Remand Credit, Parity in Sentencing, Deterrence and Denunciation, Firearms Prohibition Order, DNA Order
Source Language
english
Criminal Law Sentencing Corrections Aggravated Assault Remand Credit Parity in Sentencing Deterrence and Denunciation Firearms Prohibition Order +1 more

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Parties

Her Majesty the Queen

Crown

Wesley Todd Hardiman

Accused

Procedural Posture

Criminal (aggravated Assault) / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate length of sentence for participation in a coordinated prison assault
  2. 2 Application of parity with co-offenders
  3. 3 Calculation and application of remand credit

Ratio Decidendi

The accused was sentenced to six years' imprisonment because his direct, unhesitant participation in a planned, coordinated gang assault within a custodial setting made his moral blameworthiness equivalent to co-offenders who received six years; his youth and limited record did not justify a lower sentence given the need for denunciation and deterrence. Remand credit was applied at 1.5 days per day (636 days) resulting in 1,554 days remaining to be served (4 years and 94 days). Ancillary s.109 firearms prohibition and DNA order to be issued.

Court Disposition

Sentence imposed: 6 years' imprisonment with remand credit applied; firearms prohibition under s.109 and a DNA order to be signed.

Orders

  • Impose six years' imprisonment.
  • Apply remand credit of 636 days (1.5 days credit per day served) against the 2,190 day sentence, leaving 1,554 days (4 years and 94 days) to be served.