R. v. Burnett

R. v. Burnett

Although the assault was serious and required jail time, the offender's youth, positive pre-sentence report, prospects for rehabilitation and ongoing education justified a custodial sentence served intermittently to balance denunciation/deterrence with rehabilitation; imposed 90 days intermittent custody plus 24 months probation and mandatory ancillary orders (DNA, 10-year weapons prohibition) and a victim surcharge payable by a specified date.

Citation
2015 NSSC 214
Parties
Crown: Her Majesty the Queen; Offender: Jay George Burnett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 June 2015
Procedural Posture
Criminal Aggravated Assault / Sentencing Hearing and Oral Decision
Outcome
Accused pleaded guilty to aggravated assault; sentenced to 90 days intermittent custody and 24 months probation; DNA order and 10-year s.109 weapons prohibition imposed; victim surcharge ordered.
Legal Topics
Sentencing, Aggravated Assault, Intermittent Sentence, Probation, Remand Credit, Victim Surcharge, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Sentencing Aggravated Assault Intermittent Sentence Probation Remand Credit Victim Surcharge DNA Order +1 more

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Parties

Her Majesty the Queen

Crown

Jay George Burnett

Offender

Procedural Posture

Criminal Aggravated Assault / Sentencing Hearing and Oral Decision

Legal Issues

  1. 1 Whether a conditional sentence was available
  2. 2 Appropriate length and form of custodial sentence (intermittent v continuous)
  3. 3 Appropriate remand/pre-trial credit

Ratio Decidendi

Although the assault was serious and required jail time, the offender's youth, positive pre-sentence report, prospects for rehabilitation and ongoing education justified a custodial sentence served intermittently to balance denunciation/deterrence with rehabilitation; imposed 90 days intermittent custody plus 24 months probation and mandatory ancillary orders (DNA, 10-year weapons prohibition) and a victim surcharge payable by a specified date.

Court Disposition

Accused pleaded guilty to aggravated assault; sentenced to 90 days intermittent custody and 24 months probation; DNA order and 10-year s.109 weapons prohibition imposed; victim surcharge ordered.

Orders

  • 90 days intermittent custody to be served on weekends
  • Probation for 24 months with conditions: keep the peace and be of good behaviour; appear as required; notify changes of address/employment; report to probation officer within three days of sentence expiry; abstain from alcohol and controlled substances; no contact with victim Brandon Gates; maintain employment;...