R. v. Russell

R. v. Russell

Given the high level of violence, serious physical and emotional injury to the victim, the abuse of a position of trust, and parity with appellate authorities the court imposed consecutive custodial terms of 12 months (October 2012 assault) and 12 months (November 2013 assault) for a total bare federal sentence of 24 months, with the three‑month sentence for uttering threats to run concurrently; ancillary DNA, firearms and non‑communication orders and victim surcharges were ordered to protect the victim and effect statutory sanctions.

Citation
2014 NSPC 8
Parties
Crown: Her Majesty the Queen; Accused: Stephen William Russell
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 February 2014
Procedural Posture
Criminal / Sentencing
Outcome
Accused found guilty by election and sentenced to custody: total 24 months imprisonment (bare federal) with the 3‑month sentence for uttering threats to be served concurrently.
Legal Topics
Assault Causing Bodily Harm, Uttering Threats, Sentencing Principles, DNA Collection Order, Firearms Prohibition, Victim Surcharge, Non‑communication Order
Source Language
English
Criminal Law Domestic Violence Sentencing Assault Causing Bodily Harm Uttering Threats Sentencing Principles DNA Collection Order Firearms Prohibition +2 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 7 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Stephen William Russell

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence length and concurrency/credit
  2. 2 Whether conditional sentence was available
  3. 3 Abuse of position of trust as aggravating

Ratio Decidendi

Given the high level of violence, serious physical and emotional injury to the victim, the abuse of a position of trust, and parity with appellate authorities the court imposed consecutive custodial terms of 12 months (October 2012 assault) and 12 months (November 2013 assault) for a total bare federal sentence of 24 months, with the three‑month sentence for uttering threats to run concurrently; ancillary DNA, firearms and non‑communication orders and victim surcharges were ordered to protect the victim and effect statutory sanctions.

Court Disposition

Accused found guilty by election and sentenced to custody: total 24 months imprisonment (bare federal) with the 3‑month sentence for uttering threats to be served concurrently.

Orders

  • Sentence of 12 months imprisonment on the s.267(b) charge from October 2012
  • Sentence of 12 months imprisonment on the s.267(b) charge from November 16, 2013, to be served consecutively to the October 2012 sentence (total 24 months)