R. v. Power

R. v. Power

The offender's conduct (vicious unprovoked swarming assault causing significant bodily harm) and high moral culpability required a custodial sentence; Gladue factors considered but did not render imprisonment inappropriate; a Conditional Sentence Order was available but not appropriate because the offender posed a real risk of reoffending given breaches of court orders and subsequent offending; therefore consecutive custodial terms were imposed (8 weeks for possession of stolen vehicle, 8 weeks for possession of weapon consecutive, 22 weeks for assault causing bodily harm consecutive, 5 weeks for breach of recognizance consecutive), total 43 weeks (301 days) with 105 days pre-sentence...

Citation
2016 NSPC 30
Parties
Crown: Her Majesty the Queen; Accused/defendant: Tyler Mark Orland Power
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 February 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced following guilty pleas; custodial sentence imposed with ancillary orders
Legal Topics
Assault Causing Bodily Harm, Possession of Weapon Dangerous to the Public Peace, Possession of Property Obtained by Crime, Breach of Recognizance, Gladue Principles, Conditional Sentence Order, Pre Sentence Custody Credit, Probation, DNA Order, Firearms Prohibition, Victim Fine Surcharge, Parity and Totality in Sentencing
Source Language
English
Criminal Law Sentencing Aboriginal/indigenous Law Assault Causing Bodily Harm Possession of Weapon Dangerous to the Public Peace Possession of Property Obtained by Crime Breach of Recognizance Gladue Principles +7 more

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Parties

Her Majesty the Queen

Crown

Tyler Mark Orland Power

Accused/defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is a fit and proper sentence for multiple offences including a violent assault and weapons/property offences
  2. 2 Application of s.718.2(e) Gladue principles to an Aboriginal offender
  3. 3 Whether a Conditional Sentence Order is available and appropriate

Ratio Decidendi

The offender's conduct (vicious unprovoked swarming assault causing significant bodily harm) and high moral culpability required a custodial sentence; Gladue factors considered but did not render imprisonment inappropriate; a Conditional Sentence Order was available but not appropriate because the offender posed a real risk of reoffending given breaches of court orders and subsequent offending; therefore consecutive custodial terms were imposed (8 weeks for possession of stolen vehicle, 8 weeks for possession of weapon consecutive, 22 weeks for assault causing bodily harm consecutive, 5 weeks for breach of recognizance consecutive), total 43 weeks (301 days) with 105 days pre-sentence...

Court Disposition

Convicted and sentenced following guilty pleas; custodial sentence imposed with ancillary orders

Orders

  • Assault causing bodily harm (s.267(b) Criminal Code): 22 weeks custody, consecutive to other sentences
  • Possession of stolen motor vehicle (s.355(a) Criminal Code): 8 weeks custody, consecutive