R. v. Ginnish

R. v. Ginnish

Given the offender's significant prior record and the seriousness of the offences the judge concluded custody was necessary for denunciation and deterrence, but because of s.218.2(3) and the availability of community resources the court directed that the sentence be served in provincial custody to facilitate rehabilitation; imposed one year provincial custody for the February 24, 2006 assault (count 4) with a consecutive four months for the December 2005 assault (count 2) producing a net sentence of one year after remand credit, and imposed ancillary probation (two years), DNA order and five year firearms prohibition.

Citation
2008 NSSC 266
Parties
Crown: Her Majesty the Queen; Accused: Albert Charles Ginnish
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 May 2008
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted on six-count indictment; sentenced to provincial custody with net one year custody after remand credit; two years probation with conditions; DNA order and five year firearms prohibition.
Legal Topics
Assault, Uttering Threats, Breach of Probation, Consecutive and Concurrent Sentencing, Remand Credit, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Aboriginal/indigenous Offender Considerations Probation and Breach Violence Against Women Assault Uttering Threats Breach of Probation +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Albert Charles Ginnish

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple assaults and uttering threats
  2. 2 Application of s.218.2(3) (aboriginal offender considerations) in sentencing
  3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

Given the offender's significant prior record and the seriousness of the offences the judge concluded custody was necessary for denunciation and deterrence, but because of s.218.2(3) and the availability of community resources the court directed that the sentence be served in provincial custody to facilitate rehabilitation; imposed one year provincial custody for the February 24, 2006 assault (count 4) with a consecutive four months for the December 2005 assault (count 2) producing a net sentence of one year after remand credit, and imposed ancillary probation (two years), DNA order and five year firearms prohibition.

Court Disposition

Accused convicted on six-count indictment; sentenced to provincial custody with net one year custody after remand credit; two years probation with conditions; DNA order and five year firearms prohibition.

Orders

  • Count 4 (assault causing bodily harm, Feb 24, 2006): 12 months provincial custody
  • Count 5 (uttering threat, Feb 24, 2006): 6 months concurrent to count 4