R. v. Whalen

R. v. Whalen

The court held a conditional sentence was not fit because the offence was a violent, unprovoked group attack on vulnerable victims requiring denunciation and deterrence; accordingly the court imposed custodial sentences tailored to individual factors: Downey 9 months custody + 12 months probation (anger management and substance abuse counselling); Williams 8 months custody + 12 months probation (anger management); Whalen 7 months custody + 12 months probation (anger management); ancillary orders imposed for each offender (10 year firearms prohibition, DNA order, non-communication during custodial sentence, $100 victim fine surcharge).

Citation
2017 NSSC 205
Parties
Crown: Her Majesty the Queen; Accused: Carmon Whalen; Accused: Terry Downey; Accused: Timothy Williams
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 July 2017
Procedural Posture
Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing After Guilty Plea
Outcome
Guilty pleas accepted; custodial sentences imposed: Terry Downey 9 months custody + 12 months probation (including anger management and substance abuse counselling); Timothy Williams 8 months custody + 12 months probation (including anger management); Carmon Whalen 7 months custody + 12 months probation (including...
Legal Topics
Assault Causing Bodily Harm, Group/swarming Violence, Conditional Sentence Orders, Ancillary Orders (firearms Prohibition, DNA, Non Communication, Victim Fine Surcharge)
Source Language
English
Criminal Law Sentencing Assault Causing Bodily Harm Group/swarming Violence Conditional Sentence Orders Ancillary Orders (firearms Prohibition, Dna, Non Communication, Victim Fine Surcharge)

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Parties

Her Majesty the Queen

Crown

Carmon Whalen

Accused

Terry Downey

Accused

Timothy Williams

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether a conditional sentence was appropriate for violent unprovoked group assault
  2. 2 Appropriate length of custodial sentence for each offender given aggravating and mitigating factors
  3. 3 Applicability of aggravating factors including group violence, vulnerability of victims, prior records and breach of bail

Ratio Decidendi

The court held a conditional sentence was not fit because the offence was a violent, unprovoked group attack on vulnerable victims requiring denunciation and deterrence; accordingly the court imposed custodial sentences tailored to individual factors: Downey 9 months custody + 12 months probation (anger management and substance abuse counselling); Williams 8 months custody + 12 months probation (anger management); Whalen 7 months custody + 12 months probation (anger management); ancillary orders imposed for each offender (10 year firearms prohibition, DNA order, non-communication during custodial sentence, $100 victim fine surcharge).

Court Disposition

Guilty pleas accepted; custodial sentences imposed: Terry Downey 9 months custody + 12 months probation (including anger management and substance abuse counselling); Timothy Williams 8 months custody + 12 months probation (including anger management); Carmon Whalen 7 months custody + 12 months probation (including...

Orders

  • Terry Downey: 9 months imprisonment; 12 months probation including anger management and substance abuse counselling
  • Timothy Williams: 8 months imprisonment; 12 months probation including anger management