R. v. MacDonell

R. v. MacDonell

A nine-month conditional sentence order with intensive restrictive conditions (four months house arrest, three months curfew, two months conditional liberty) followed by twelve months probation is proportionate and appropriate because it balances denunciation and deterrence with rehabilitation given the offender's youth, positive pre-sentence report, demonstrated remorse and engagement in counselling; a full s.110 firearms prohibition was unnecessary given no firearm use or threat, the offender's hunting needs and supportive mitigating factors, but DNA sampling and restitution are required.

Citation
2018 NSPC 21
Parties
Crown: Her Majesty the Queen; Accused: Isaac Peter MacDonell
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 May 2018
Procedural Posture
Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing After Guilty Plea
Outcome
Conditional sentence order of 9 months to be served in the community (first 4 months house arrest, next 3 months curfew, final 2 months conditional liberty) followed by 12 months probation; DNA sample ordered; $600 restitution ordered; s.110 firearms prohibition denied for lawful hunting firearms/ammunition but...
Legal Topics
Assault Causing Bodily Harm, Conditional Sentence Order, Probation, Firearms Prohibition (s.110), DNA Sampling (s.487.051), Restitution, Victim Impact Statement
Source Language
English
Criminal Law Sentencing Domestic Violence Evidence (dna) Firearms Law Assault Causing Bodily Harm Conditional Sentence Order 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 6 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Isaac Peter MacDonell

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate and proportionate sentence for assault causing bodily harm in a domestic context
  2. 2 Whether a conditional sentence order is available and appropriate
  3. 3 Whether to impose a discretionary firearms prohibition under s.110

Ratio Decidendi

A nine-month conditional sentence order with intensive restrictive conditions (four months house arrest, three months curfew, two months conditional liberty) followed by twelve months probation is proportionate and appropriate because it balances denunciation and deterrence with rehabilitation given the offender's youth, positive pre-sentence report, demonstrated remorse and engagement in counselling; a full s.110 firearms prohibition was unnecessary given no firearm use or threat, the offender's hunting needs and supportive mitigating factors, but DNA sampling and restitution are required.

Court Disposition

Conditional sentence order of 9 months to be served in the community (first 4 months house arrest, next 3 months curfew, final 2 months conditional liberty) followed by 12 months probation; DNA sample ordered; $600 restitution ordered; s.110 firearms prohibition denied for lawful hunting firearms/ammunition but...

Orders

  • Nine months Conditional Sentence Order: first four months house arrest, next three months curfew (10:00 PM to 6:00 AM) and final two months not subject to house arrest or curfew
  • Reside at 398 Cold Stream Rd., Gays River, Nova Scotia unless permission obtained from Court