R. v. Newcombe

R. v. Newcombe

The court found the violence to be sufficiently severe, atrocious and committed within the family and in the presence of children such that a conditional sentence was inappropriate; custody was required, and the appropriate disposition was five months imprisonment on each count to be served consecutively for a total of ten months.

Citation
2003 NSSC 29
Parties
Crown/prosecution: Her Majesty the Queen; Defendant: Bobby George Newcombe
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 January 2003
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Assault Causing Bodily Harm, Common Assault, Conditional Sentence, Victim Impact
Source Language
English
Criminal Law Family Violence Sentencing Assault Causing Bodily Harm Common Assault Conditional Sentence Victim Impact

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Parties

Her Majesty the Queen

Crown/prosecution

Bobby George Newcombe

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for historic domestic assaults including assault causing bodily harm and common assault
  2. 2 Whether a conditional sentence (community-based sentence) is appropriate given the severity of the offences
  3. 3 Aggravating factors: violence in the family, presence of children, breach of trust by a parent

Ratio Decidendi

The court found the violence to be sufficiently severe, atrocious and committed within the family and in the presence of children such that a conditional sentence was inappropriate; custody was required, and the appropriate disposition was five months imprisonment on each count to be served consecutively for a total of ten months.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Imprisonment of five months on each count to be served consecutively for a total of ten months