R. v. Dechamp

R. v. Dechamp

Court accepted the parties' joint recommendation and imposed three years federal imprisonment consecutive to time currently being served because the offence caused significant and lasting injury, the offender has a very serious violent history including a youth homicide conviction and multiple breaches, community measures had failed, and denunciation, deterrence and public protection required a substantial consecutive custodial term.

Citation
2012 NSSC 275
Parties
Crown: Her Majesty The Queen; Accused: Tyrell Peter Dechamp
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 July 2012
Procedural Posture
Criminal Aggravated Assault (s.268 Criminal Code) / Sentencing
Outcome
Accused sentenced to three years' imprisonment in a federal penitentiary, to be served consecutive to time currently being served following parole revocation (resulting custody period approximated by court at about five years total).
Legal Topics
Sentencing, Aggravated Assault, Parole Revocation, Youth Record, Victim Impact
Source Language
English
Criminal Law Sentencing Aggravated Assault Parole Revocation Youth Record Victim Impact

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Parties

Her Majesty The Queen

Crown

Tyrell Peter Dechamp

Accused

Procedural Posture

Criminal Aggravated Assault (s.268 Criminal Code) / Sentencing

Legal Issues

  1. 1 Proper sentence for aggravated assault causing traumatic brain injury
  2. 2 Whether sentence should be consecutive to existing time/ parole revocation
  3. 3 Weight to give offender's serious prior youth conviction and breach history

Ratio Decidendi

Court accepted the parties' joint recommendation and imposed three years federal imprisonment consecutive to time currently being served because the offence caused significant and lasting injury, the offender has a very serious violent history including a youth homicide conviction and multiple breaches, community measures had failed, and denunciation, deterrence and public protection required a substantial consecutive custodial term.

Court Disposition

Accused sentenced to three years' imprisonment in a federal penitentiary, to be served consecutive to time currently being served following parole revocation (resulting custody period approximated by court at about five years total).

Orders

  • Accused sentenced to 3 years imprisonment to be served in a federal penitentiary, consecutive to time presently being served.
  • Court accepted the joint recommendation of Crown and Defence.