R. v. Ryan

R. v. Ryan

Gladue factors were considered and weight given to rehabilitation and community interests but they did not eliminate the need for actual incarceration given the gravity and near‑fatal nature of the offence; four months imprisonment for s.267(a) (with one month credit), served intermittently so the accused can preserve employment and supports, plus an 18‑month probation and a consecutive two‑month conditional sentence for s.90 with strict house‑arrest conditions and ancillary DNA and firearms prohibitions, constitutes a fit global sentence balancing denunciation, deterrence, rehabilitation and protection of the public.

Citation
2019 NSPC 35
Parties
Prosecution: Her Majesty the Queen; Accused: Rein Kyler Rodman Ryan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
Accused pled guilty to s.267(a) and s.90; convicted and sentenced
Legal Topics
Assault With a Weapon, Carrying a Concealed Weapon, Gladue Factors, Restorative Justice, Intermittent Sentence, Probation, Ancillary Orders, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Aboriginal/indigenous Law Weapons Offences Assault With a Weapon Carrying a Concealed Weapon Gladue Factors Restorative Justice +5 more

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Parties

Her Majesty the Queen

Prosecution

Rein Kyler Rodman Ryan

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Gladue/Ipeelee mitigating factors reduce moral culpability or sentence length
  2. 2 Appropriate sentence for an assault with a weapon causing life‑threatening injury
  3. 3 Whether a conditional sentence is available for s.267(a) (bodily harm exclusion)

Ratio Decidendi

Gladue factors were considered and weight given to rehabilitation and community interests but they did not eliminate the need for actual incarceration given the gravity and near‑fatal nature of the offence; four months imprisonment for s.267(a) (with one month credit), served intermittently so the accused can preserve employment and supports, plus an 18‑month probation and a consecutive two‑month conditional sentence for s.90 with strict house‑arrest conditions and ancillary DNA and firearms prohibitions, constitutes a fit global sentence balancing denunciation, deterrence, rehabilitation and protection of the public.

Court Disposition

Accused pled guilty to s.267(a) and s.90; convicted and sentenced

Orders

  • Four months imprisonment on s.267(a) assault with a weapon with one month credit for time served; remaining three months to be served intermittently on consecutive weekends beginning July 12, 2019
  • Eighteen months probation with standard conditions (reporting, keep the peace, jurisdiction) and specific conditions during intermittent custody period including strict house arrest at 20 Rocky Point Rd., Eskasoni, with limited exceptions for employment, boxing club, counselling, probation meetings and sweat lodge...