R. v. Jardine

R. v. Jardine

Given the severity and escalating nature of the domestic violence, the prior convictions and breaches, the high risk to the victim and public safety, and the statutory exclusion from conditional sentencing (s.742.1(e)), the appropriate sentence is incarceration: two years for assault causing bodily harm, plus a consecutive three months for breach of probation after applying 90 days remand credit (total 2 years 3 months). Ancillary orders include DNA collection, statutory firearms prohibitions, a no-contact endorsement, a recommendation for substance-abuse counselling, and victim surcharges.

Citation
2014 NSPC 59
Parties
Crown: Her Majesty the Queen; Accused: Derek John McRae Jardine
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 August 2014
Procedural Posture
Criminal / Sentencing / Decision on Sentence
Outcome
Accused convicted and sentenced to imprisonment; ancillary orders imposed.
Legal Topics
Assault Causing Bodily Harm, Breach of Probation, Conditional Sentence Ineligibility, Remand Credit, Victim Plea and Sentencing Discretion, No Contact Orders, Warrant Endorsements
Source Language
English
Criminal Law Sentencing Domestic Violence Probation Bail and Remand Victim Compensation/surcharge DNA Collection Firearms Prohibition +7 more

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Parties

Her Majesty the Queen

Crown

Derek John McRae Jardine

Accused

Procedural Posture

Criminal / Sentencing / Decision on Sentence

Legal Issues

  1. 1 Appropriate custodial sentence for assault causing bodily harm
  2. 2 Eligibility for a conditional sentence (s.742.1(e))
  3. 3 Whether remand credit applies and how much

Ratio Decidendi

Given the severity and escalating nature of the domestic violence, the prior convictions and breaches, the high risk to the victim and public safety, and the statutory exclusion from conditional sentencing (s.742.1(e)), the appropriate sentence is incarceration: two years for assault causing bodily harm, plus a consecutive three months for breach of probation after applying 90 days remand credit (total 2 years 3 months). Ancillary orders include DNA collection, statutory firearms prohibitions, a no-contact endorsement, a recommendation for substance-abuse counselling, and victim surcharges.

Court Disposition

Accused convicted and sentenced to imprisonment; ancillary orders imposed.

Orders

  • Assault causing bodily harm (s.267(b)) sentenced to 2 years imprisonment to be served in a federal institution
  • Breach of probation sentenced to 3 months imprisonment to be served consecutively (court endorsed that but for remand time the sentence would have been 6 months)