R. v. Bowden

R. v. Bowden

A conditional sentence was rejected as inconsistent with the purpose and principles of sentencing (primarily denunciation and general deterrence) given the intentional assault on a highly vulnerable infant, the permanence and severity of the injuries and the abuse of a position of trust; an eight-month custodial sentence plus two years probation, a DNA order and a ten-year weapons prohibition were imposed as a proportionate sentence.

Citation
2015 NSPC 13
Parties
Crown: Her Majesty the Queen; Accused: Philip Jason Bowden
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 March 2015
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea to assault causing bodily harm; acquittal entered on aggravated assault count; failing to provide necessaries charge dismissed; sentenced to eight months custody followed by two years probation.
Legal Topics
Assault Causing Bodily Harm, Aggravated Assault, Conditional Sentence, Probation, DNA Order, Weapons Prohibition, Failure to Provide Necessaries, Guilty Plea, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Child Protection Assault Causing Bodily Harm Aggravated Assault Conditional Sentence Probation DNA Order +4 more

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Parties

Her Majesty the Queen

Crown

Philip Jason Bowden

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate length of custodial sentence for assault causing bodily harm to an infant
  3. 3 Application of denunciation and deterrence as primary sentencing principles

Ratio Decidendi

A conditional sentence was rejected as inconsistent with the purpose and principles of sentencing (primarily denunciation and general deterrence) given the intentional assault on a highly vulnerable infant, the permanence and severity of the injuries and the abuse of a position of trust; an eight-month custodial sentence plus two years probation, a DNA order and a ten-year weapons prohibition were imposed as a proportionate sentence.

Court Disposition

Guilty plea to assault causing bodily harm; acquittal entered on aggravated assault count; failing to provide necessaries charge dismissed; sentenced to eight months custody followed by two years probation.

Orders

  • Eight months custody (provincial jail)
  • Two years probation with statutory conditions and additional conditions: report to probation officer within two days of release and as required, attend assessments/counselling/programmes as directed, report involvement in intimate relationships where there are children or a pregnancy