R. v. Julian

R. v. Julian

After applying Gladue analysis and reviewing background reports, the judge concluded that despite Aboriginal circumstances and rehabilitation efforts, the seriousness of the domestic assault, the defendant's violent repeat offending, breach of probation and undertaking, and risk to the community required a custodial sentence; a conditional sentence was not appropriate because it would not satisfy denunciation and deterrence nor ensure community safety.

Citation
2006 NSPC 67
Parties
Crown: Her Majesty the Queen; Accused: John Freeman Julian
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 November 2006
Procedural Posture
Criminal / Sentencing (post‑trial)
Outcome
Accused convicted and sentenced to custodial sentence: 14 months' imprisonment on assault (less six months remand credit resulting in eight months remaining); two months concurrent on each breach charge; two years' probation; DNA order; ten‑year firearms prohibition.
Legal Topics
Assault Causing Bodily Harm, Breach of Probation, Breach of Undertaking, Gladue Factors, Conditional Sentence, Remand Credit, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Aboriginal Sentencing Domestic Violence Assault Causing Bodily Harm Breach of Probation Breach of Undertaking Gladue Factors +4 more

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Parties

Her Majesty the Queen

Crown

John Freeman Julian

Accused

Procedural Posture

Criminal / Sentencing (post‑trial)

Legal Issues

  1. 1 Whether a conditional sentence is appropriate despite Gladue factors
  2. 2 Application of s.718.2(e) Gladue analysis for Aboriginal offender
  3. 3 Weight of denunciation and deterrence in domestic violence sentencing

Ratio Decidendi

After applying Gladue analysis and reviewing background reports, the judge concluded that despite Aboriginal circumstances and rehabilitation efforts, the seriousness of the domestic assault, the defendant's violent repeat offending, breach of probation and undertaking, and risk to the community required a custodial sentence; a conditional sentence was not appropriate because it would not satisfy denunciation and deterrence nor ensure community safety.

Court Disposition

Accused convicted and sentenced to custodial sentence: 14 months' imprisonment on assault (less six months remand credit resulting in eight months remaining); two months concurrent on each breach charge; two years' probation; DNA order; ten‑year firearms prohibition.

Orders

  • Sentence of 14 months' imprisonment on assault causing bodily harm (s.267(b)), less six months remand credit, leaving eight months to serve
  • Sentences of two months on each of breach of probation and breach of undertaking to be served concurrently with the 14‑month sentence