R v Falcitelli

R v Falcitelli

The Court concluded that conditional discharges, coupled with substantial probation terms and restitution, best served the sentencing objectives of proportionality, denunciation and rehabilitation in the particular circumstances: early guilty pleas, demonstrable remorse, strong prospects for rehabilitation, absence (or limited extent) of violent records, and agreed restitution, while still imposing DNA and s.109 prohibition orders to protect the public; therefore CSOs were declined and conditional discharges with 24 months probation and specified ancillary orders were imposed.

Citation
2025 NSPC 40
Parties
Crown: His Majesty the King; Accused: Dakoda Vernon Falcitelli; Accused: Tyler Drummond Chase MacRae
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 December 2025
Procedural Posture
Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing
Outcome
Both accused conditionally discharged and placed on probation
Legal Topics
Assault Causing Bodily Harm, Conditional Discharge, Probation, Conditional Sentence Order, Restitution, DNA Collection Order, Firearms/prohibition Order (s.109), S.113 Employment Exemption, Guilty Plea Mitigation, Sentencing Principles (proportionality, Deterrence, Denunciation)
Source Language
English
Criminal Law Sentencing Evidence Restitution Administrative Orders (dna and Firearms) Assault Causing Bodily Harm Conditional Discharge Probation +6 more

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Parties

His Majesty the King

Crown

Dakoda Vernon Falcitelli

Accused

Tyler Drummond Chase MacRae

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence order was appropriate or whether conditional discharges were fit
  2. 2 Appropriate length and conditions of probation following conditional discharge
  3. 3 Proper restitution amount and whether restitution should be reassessed from the RFR

Ratio Decidendi

The Court concluded that conditional discharges, coupled with substantial probation terms and restitution, best served the sentencing objectives of proportionality, denunciation and rehabilitation in the particular circumstances: early guilty pleas, demonstrable remorse, strong prospects for rehabilitation, absence (or limited extent) of violent records, and agreed restitution, while still imposing DNA and s.109 prohibition orders to protect the public; therefore CSOs were declined and conditional discharges with 24 months probation and specified ancillary orders were imposed.

Court Disposition

Both accused conditionally discharged and placed on probation

Orders

  • Conditional discharge for Dakoda Vernon Falcitelli
  • Conditional discharge for Tyler Drummond Chase MacRae