R. v. MacDonald

R. v. MacDonald

Given the serious, unprovoked nature of the assault causing significant facial fractures, the offender's extensive prior record including multiple prior assaults and commission of the offence while on probation, and the lack of convincing, sustained rehabilitation, a custodial sentence within the normal range for s.267(b) was required; a nine month global sentence (with 1.5:1 credit for 20 days already served producing an effective eight months) followed by two years probation and ancillary orders best met sentencing objectives.

Citation
2015 BCSC 2032
Parties
Crown: Regina; Accused: Norman Bradley MacDonald
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 October 2015
Procedural Posture
Criminal Assault Causing Bodily Harm / Sentencing
Outcome
Convicted; sentenced to nine months imprisonment (credit 1.5 days per day for 20 days served, effective eight months custody) followed by two years of probation; five year firearm prohibition; DNA order; victim fine surcharge payable forthwith, in default two days concurrent; reporting and counselling conditions.
Legal Topics
Assault Causing Bodily Harm, Sentencing, Probation, Firearm Prohibition, DNA Order, Victim Fine Surcharge
Source Language
English
Criminal Law Assault Causing Bodily Harm Sentencing Probation Firearm Prohibition DNA Order Victim Fine Surcharge

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Parties

Regina

Crown

Norman Bradley MacDonald

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Sentencing

Legal Issues

  1. 1 Appropriate sentence for assault causing bodily harm
  2. 2 Whether a suspended or conditional sentence is appropriate or available
  3. 3 Application of sentencing principles (denunciation, deterrence, rehabilitation)

Ratio Decidendi

Given the serious, unprovoked nature of the assault causing significant facial fractures, the offender's extensive prior record including multiple prior assaults and commission of the offence while on probation, and the lack of convincing, sustained rehabilitation, a custodial sentence within the normal range for s.267(b) was required; a nine month global sentence (with 1.5:1 credit for 20 days already served producing an effective eight months) followed by two years probation and ancillary orders best met sentencing objectives.

Court Disposition

Convicted; sentenced to nine months imprisonment (credit 1.5 days per day for 20 days served, effective eight months custody) followed by two years of probation; five year firearm prohibition; DNA order; victim fine surcharge payable forthwith, in default two days concurrent; reporting and counselling conditions.

Orders

  • Nine months imprisonment with 1.5:1 credit for 20 days already served resulting in an effective eight months custody
  • Two years of probation with terms to keep the peace and be of good behaviour, reside as directed, have no contact with Guy Stacey, Jason King or Kelly Hoffman, refrain from attending their residences, schools or places of work, report to the nearest probation office on release, and attend counselling including anger...