R. v. Hanlon

R. v. Hanlon

Judge balanced aggravating (domestic context, pregnancy of victim, prior violent record, repeated breaches of court orders) and mitigating factors (early guilty pleas, remorse, treatment effort), fixed individual sentences for nine offences, applied concurrency/consecutivity to respect totality, calculated total effective sentence 10.5 months, deducted 155 days pre-sentence custody (applying s.719(2) to exclude time unlawfully at-large), resulting in 5.5 months custody to be served, refused a Conditional Sentence because of risk to community and prior non‑compliance, imposed 12 months probation with conditions and ordered $900 victim surcharge payable within two years.

Citation
2016 NSPC 32
Parties
Crown: Her Majesty the Queen; Accused: Christopher Rae Hanlon
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 March 2016
Procedural Posture
Criminal (summary Conviction) / Sentencing
Outcome
Accused found guilty on guilty pleas; custodial sentence imposed with credit and follow-up probation and surcharge
Legal Topics
Assault, Mischief, Breach of Recognizance/undertaking, Failure to Attend, Pre Sentence Custody Credit, Conditional Sentence, Probation, Victim Surcharge
Source Language
English
Criminal Law Sentencing Family/domestic Violence Bail/release Conditions Assault Mischief Breach of Recognizance/undertaking Failure to Attend +4 more

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Parties

Her Majesty the Queen

Crown

Christopher Rae Hanlon

Accused

Procedural Posture

Criminal (summary Conviction) / Sentencing

Legal Issues

  1. 1 Determination of a fit sentence for multiple offences including two assaults on intimate partner and multiple breaches
  2. 2 Application of sentencing principles: proportionality, denunciation, specific and general deterrence, totality and restraint
  3. 3 Whether a Conditional Sentence Order is available and appropriate

Ratio Decidendi

Judge balanced aggravating (domestic context, pregnancy of victim, prior violent record, repeated breaches of court orders) and mitigating factors (early guilty pleas, remorse, treatment effort), fixed individual sentences for nine offences, applied concurrency/consecutivity to respect totality, calculated total effective sentence 10.5 months, deducted 155 days pre-sentence custody (applying s.719(2) to exclude time unlawfully at-large), resulting in 5.5 months custody to be served, refused a Conditional Sentence because of risk to community and prior non‑compliance, imposed 12 months probation with conditions and ordered $900 victim surcharge payable within two years.

Court Disposition

Accused found guilty on guilty pleas; custodial sentence imposed with credit and follow-up probation and surcharge

Orders

  • Global custodial sentence resulting in 5.5 months imprisonment to be served in custody (after pre-sentence custody credit of 155 days)
  • 12 months probation upon release with conditions including no contact with Abigail Brautigam except through counsel, substance abuse assessment/treatment, violence intervention program, no possession of weapons, reporting to probation officer