R. v. Gloade

R. v. Gloade

Balancing significant aggravating factors (extensive prior violent record and intimate partner violence) against mitigating Gladue factors and limited mitigation from a late guilty plea, the appropriate global sentence is 14 months (420 days). Given 648 net days pretrial custody and findings of harsh remand conditions related to COVID, overcrowding and lack of programming, enhanced remand credit at a 2:1 ratio (total 1296 days) was granted, resulting in the sentence having been served in full. Ancillary orders of a lifetime firearms prohibition and a DNA order were appropriate; victim fine surcharge waived.

Citation
2022 NSPC 59
Parties
Crown: Her Majesty the Queen; Accused: Perry Rolin Gloade
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 July 2022
Procedural Posture
Criminal Assault Causing Bodily Harm / Sentencing Decision
Outcome
Guilty plea accepted; sentence imposed of 14 months custody, fully satisfied by remand credit; lifetime firearms prohibition and DNA order imposed; victim fine surcharge waived.
Legal Topics
Assault Causing Bodily Harm, Gladue Factors, Remand Credit and Duncan Credit, Firearms Prohibition, DNA Order, Victim Impact
Source Language
English
Criminal Law Sentencing Indigenous Law Domestic Violence Assault Causing Bodily Harm Gladue Factors Remand Credit and Duncan Credit Firearms Prohibition +2 more

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Parties

Her Majesty the Queen

Crown

Perry Rolin Gloade

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Sentencing Decision

Legal Issues

  1. 1 What is a fit and proportionate sentence for assault causing bodily harm committed in an intimate partner context?
  2. 2 How should Gladue factors affect the offender's moral blameworthiness and sentence?
  3. 3 Whether enhanced remand credit is warranted and how to calculate it given COVID and custodial conditions?

Ratio Decidendi

Balancing significant aggravating factors (extensive prior violent record and intimate partner violence) against mitigating Gladue factors and limited mitigation from a late guilty plea, the appropriate global sentence is 14 months (420 days). Given 648 net days pretrial custody and findings of harsh remand conditions related to COVID, overcrowding and lack of programming, enhanced remand credit at a 2:1 ratio (total 1296 days) was granted, resulting in the sentence having been served in full. Ancillary orders of a lifetime firearms prohibition and a DNA order were appropriate; victim fine surcharge waived.

Court Disposition

Guilty plea accepted; sentence imposed of 14 months custody, fully satisfied by remand credit; lifetime firearms prohibition and DNA order imposed; victim fine surcharge waived.

Orders

  • 14 months imprisonment (420 days) imposed
  • Remand credit of 1296 days applied; accused has served sentence in full while on remand