R. v. Avery

R. v. Avery

Given the serious bodily harm, high degree of offender responsibility, lack of demonstrated remorse (including post-charge social‑media comments), and the local prevalence of similar home‑invasion assaults necessitating denunciation and deterrence, a custodial sentence at the upper end of the applicable range (two years plus one day) with ancillary orders and restitution is proportionate and justified.

Citation
2014 NSPC 40
Parties
Crown (prosecution): Her Majesty the Queen; Accused: Christian Douglas Avery
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 June 2014
Procedural Posture
Criminal Sentencing / Sentence Hearing / Decision on Sentence
Outcome
Accused found guilty on guilty plea to indictable offence s.267(b); sentenced to imprisonment of two years plus one day.
Legal Topics
Assault Causing Bodily Harm (s.267(b)), Conditional Sentence Exclusion, General and Specific Deterrence, DNA Collection Order, Section 109 Firearms Prohibition, Victim Surcharge, Restitution, No Contact Orders
Source Language
English
Criminal Law Sentencing Victim Restitution and Surcharges Firearms Prohibition Assault Causing Bodily Harm (s.267(b)) Conditional Sentence Exclusion General and Specific Deterrence DNA Collection Order +4 more

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Parties

Her Majesty the Queen

Crown (prosecution)

Christian Douglas Avery

Accused

Procedural Posture

Criminal Sentencing / Sentence Hearing / Decision on Sentence

Legal Issues

  1. 1 Appropriate sentence for indictable assault causing bodily harm (s.267(b))
  2. 2 Effect of exclusion from conditional sentencing (s.742.1(e))
  3. 3 Weight to give offender's remorse and prospects for rehabilitation

Ratio Decidendi

Given the serious bodily harm, high degree of offender responsibility, lack of demonstrated remorse (including post-charge social‑media comments), and the local prevalence of similar home‑invasion assaults necessitating denunciation and deterrence, a custodial sentence at the upper end of the applicable range (two years plus one day) with ancillary orders and restitution is proportionate and justified.

Court Disposition

Accused found guilty on guilty plea to indictable offence s.267(b); sentenced to imprisonment of two years plus one day.

Orders

  • Custody sentence of two years plus one day; warrant of committal endorsed in accordance with s.743.21
  • No contact or communication, direct or indirect, with Jessi Amber Firth or Joshua Alexander Watt while in custody