R. v. MacIntyre

R. v. MacIntyre

Given the violent domestic nature of the offences, the accused's extensive prior record and unaddressed alcohol‑fuelled violence, the proper sentence is 3 years for assault causing bodily harm, concurrent 9 months for the threat made during the assault, and 9 months for the subsequent property threat to be served consecutively, with appropriate remand credit applied (resulting in adjusted terms of 30 months, concurrent 9 months, and 4 months respectively and a total custodial term of 34 months in a Federal Institution); the court declined to restrict parole eligibility under s.743.6, ordered DNA sampling under s.487.05(1)(a), and declined to impose a firearms prohibition as redundant.

Citation
2002 NSSC 174
Parties
Crown: Her Majesty the Queen; Defence: Neil Simon MacIntyre
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 June 2002
Procedural Posture
Criminal / Sentencing (post‑conviction)
Outcome
Convictions on three counts; aggregate custodial sentence of 34 months to be served in a Federal Institution.
Legal Topics
Assault Causing Bodily Harm, Uttering Threats, Threats to Property, Remand Credit (pre‑sentence Custody), Parole Eligibility Under S.743.6, DNA Sampling Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Domestic Violence Assault Causing Bodily Harm Uttering Threats Threats to Property Remand Credit (pre‑sentence Custody) Parole Eligibility Under S.743.6 +2 more

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Parties

Her Majesty the Queen

Crown

Neil Simon MacIntyre

Defence

Procedural Posture

Criminal / Sentencing (post‑conviction)

Legal Issues

  1. 1 Appropriate custodial sentence for assault causing bodily harm and related threats
  2. 2 Whether to order that the accused serve one‑half of the sentence before parole eligibility under s.743.6
  3. 3 Calculation and crediting of time spent on remand

Ratio Decidendi

Given the violent domestic nature of the offences, the accused's extensive prior record and unaddressed alcohol‑fuelled violence, the proper sentence is 3 years for assault causing bodily harm, concurrent 9 months for the threat made during the assault, and 9 months for the subsequent property threat to be served consecutively, with appropriate remand credit applied (resulting in adjusted terms of 30 months, concurrent 9 months, and 4 months respectively and a total custodial term of 34 months in a Federal Institution); the court declined to restrict parole eligibility under s.743.6, ordered DNA sampling under s.487.05(1)(a), and declined to impose a firearms prohibition as redundant.

Court Disposition

Convictions on three counts; aggregate custodial sentence of 34 months to be served in a Federal Institution.

Orders

  • Count 1 (s.267(1)(b) assault causing bodily harm): sentence of 30 months custody (after remand credit).
  • Count 2 (s.264.1(1)(a) uttering threat to cause bodily harm/death): sentence of 9 months custody, concurrent with Count 1.