R. v. Mason

R. v. Mason

Given the assault in a correctional institution constituted reprisal violence increasing seriousness, and balancing early guilty plea and positive institutional conduct against the need for general deterrence, the appropriate and proportionate sentence is 30 days imprisonment to be served consecutively to any time currently being served; consecutive service is authorized by s.718.3(4)(a).

Citation
2019 NSPC 26
Parties
Crown: Her Majesty the Queen; Accused: Justin Mason
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 July 2019
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Guilty plea entered; sentenced to 30 days imprisonment to be served consecutively to any time currently being served; warrant to be endorsed with a no-contact order.
Legal Topics
Assault, General Deterrence, Specific Deterrence, Consecutive Sentences, Guilty Plea, Pre Sentence Report
Source Language
English
Criminal Law Sentencing Corrections Assault General Deterrence Specific Deterrence Consecutive Sentences Guilty Plea +1 more

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Parties

Her Majesty the Queen

Crown

Justin Mason

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for assault contrary to s.266(b) of the Criminal Code
  2. 2 Whether probation is permissible despite an existing federal sentence (R v Knott)
  3. 3 Whether a consecutive sentence is appropriate and authorized under s.718.3(4)(a)

Ratio Decidendi

Given the assault in a correctional institution constituted reprisal violence increasing seriousness, and balancing early guilty plea and positive institutional conduct against the need for general deterrence, the appropriate and proportionate sentence is 30 days imprisonment to be served consecutively to any time currently being served; consecutive service is authorized by s.718.3(4)(a).

Court Disposition

Guilty plea entered; sentenced to 30 days imprisonment to be served consecutively to any time currently being served; warrant to be endorsed with a no-contact order.

Orders

  • Impose sentence of 30 days imprisonment to be served consecutively to any time currently being served.
  • Endorse the warrant of committal to record that while in custody the offender shall have no contact or communication with Kyle Delorey.