R. v. Goodall

R. v. Goodall

The court accepted the joint submission as falling within the appropriate range: aggravated conduct (extreme violence against intimate partners and significant prior record) warranted custody, while guilty pleas, youth and insight into addiction mitigated; imposed consecutive sentences totalling 36 months and ancillary orders including a DNA collection order, lifelong firearms prohibition, a limited victim surcharge, no-contact conditions and endorsement of the warrant with counselling recommendation.

Citation
2014 NSPC 60
Parties
Prosecution: Her Majesty the Queen; Accused: Joseph Allan Goodall
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 August 2014
Procedural Posture
Criminal Indictable / Sentencing (decision on Sentence)
Outcome
Guilty pleas entered; sentenced to imprisonment with total effective custody of 36 months; ancillary orders imposed.
Legal Topics
Assault Causing Bodily Harm, Assault, Breach of Probation, Joint Submission on Sentence, Victim Surcharge, DNA Collection Order, Firearms Prohibition, No Contact Order
Source Language
English
Criminal Law Sentencing Domestic Violence Probation/bail Forensic DNA Firearms Law Assault Causing Bodily Harm Assault +6 more

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Parties

Her Majesty the Queen

Prosecution

Joseph Allan Goodall

Accused

Procedural Posture

Criminal Indictable / Sentencing (decision on Sentence)

Legal Issues

  1. 1 Appropriate quantum of sentence considering aggravating and mitigating factors
  2. 2 Whether the court should accept the joint submission on sentence
  3. 3 Application of s.718.2 principles (denunciation and deterrence)

Ratio Decidendi

The court accepted the joint submission as falling within the appropriate range: aggravated conduct (extreme violence against intimate partners and significant prior record) warranted custody, while guilty pleas, youth and insight into addiction mitigated; imposed consecutive sentences totalling 36 months and ancillary orders including a DNA collection order, lifelong firearms prohibition, a limited victim surcharge, no-contact conditions and endorsement of the warrant with counselling recommendation.

Court Disposition

Guilty pleas entered; sentenced to imprisonment with total effective custody of 36 months; ancillary orders imposed.

Orders

  • Case #2640759: Indictable breach of probation — 3 months imprisonment (consecutive)
  • Case #2649106: Indictable breach of probation — 3 months imprisonment (consecutive)