R. v. Desmond

R. v. Desmond

A head sentence of two years and four months (28 months) was proportionate on these facts given the serious and lifelong harm to the victim, the offender's mitigating factors (early guilty plea, substance program completion, remorse, pro-social history), and the Crown's inability to prove impairment; remand credit...

Source-derived case information.

Citation
2018 NSSC 338
Parties
Crown: Her Majesty the Queen; Accused: Gerald Desmond
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 December 2018
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Guilty plea accepted; sentenced to 2 years and 4 months' imprisonment (28 months) which is satisfied by remand credit; ancillary orders partly refused and partly granted.
Legal Topics
Criminal Negligence Causing Bodily Harm, Sentencing Principles, Ancillary Orders, Cultural Background in Sentencing, Remand Credit, Driving Prohibition, Vehicle Forfeiture, DNA Order, Victim Impact
Source Language
english
Criminal Law Sentencing Motor Vehicle Offences Criminal Negligence Causing Bodily Harm Sentencing Principles Ancillary Orders Cultural Background in Sentencing Remand Credit +4 more

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Parties

Her Majesty the Queen

Crown

Gerald Desmond

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate term of imprisonment for criminal negligence causing bodily harm with motor vehicle
  2. 2 Remand credit calculation and effect on sentence
  3. 3 Whether Crown discharged burden for a DNA order (secondary designated offence)

Ratio Decidendi

A head sentence of two years and four months (28 months) was proportionate on these facts given the serious and lifelong harm to the victim, the offender's mitigating factors (early guilty plea, substance program completion, remorse, pro-social history), and the Crown's inability to prove impairment; remand credit of 852 days equals the sentence so custody is served; Crown failed to meet burden for a discretionary DNA order for a secondary designated offence; forfeiture of the offender's sole asset would be disproportionate and is refused; a four-year driving prohibition is imposed to satisfy denunciation and general deterrence.

Court Disposition

Guilty plea accepted; sentenced to 2 years and 4 months' imprisonment (28 months) which is satisfied by remand credit; ancillary orders partly refused and partly granted.

Orders

  • Custody: 2 years and 4 months imprisonment (remand credit totaling 852 days/28 months equals sentence; sentence served)
  • Driving prohibition: four-year driving prohibition under s.259 of the Criminal Code