R. v. A.H.H.

R. v. A.H.H.

Given the extreme gravity of the infant's catastrophic, permanent injuries, the offender's position of trust, the ineligibility of a conditional sentence for aggravated assault, and the need for denunciation and deterrence, a custodial sentence of 2.5 years plus ancillary orders (lifetime firearms prohibition, DNA order, no-contact during custody, victim surcharge) is proportionate and fit within comparable case law.

Citation
2016 NSSC 239
Parties
Crown: Her Majesty the Queen; Defendant: A.H.H.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to custody with ancillary orders following conviction for aggravated assault, failure to provide necessaries and failure to seek medical assistance.
Legal Topics
Aggravated Assault S.268, Failure to Provide Necessaries S.215(2)(a), Failure to Seek Medical Assistance S.221, Sentencing Principles, Denunciation and Deterrence, Conditional Sentence Ineligibility, DNA and Firearms Orders, Victim Impact
Source Language
English
Criminal Law Child Protection Sentencing Aggravated Assault S.268 Failure to Provide Necessaries S.215(2)(a) Failure to Seek Medical Assistance S.221 Sentencing Principles Denunciation and Deterrence +3 more

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Parties

Her Majesty the Queen

Crown

A.H.H.

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the fit sentence for aggravated assault and related offences against a 24-day-old infant?
  2. 2 Whether a conditional sentence is available and appropriate
  3. 3 Assessment and weight of aggravating and mitigating factors

Ratio Decidendi

Given the extreme gravity of the infant's catastrophic, permanent injuries, the offender's position of trust, the ineligibility of a conditional sentence for aggravated assault, and the need for denunciation and deterrence, a custodial sentence of 2.5 years plus ancillary orders (lifetime firearms prohibition, DNA order, no-contact during custody, victim surcharge) is proportionate and fit within comparable case law.

Court Disposition

Offender sentenced to custody with ancillary orders following conviction for aggravated assault, failure to provide necessaries and failure to seek medical assistance.

Orders

  • 2.5 years imprisonment
  • Lifetime firearms prohibition pursuant to s.109 Criminal Code