R. v. MacIntosh

R. v. MacIntosh

The joint submission of a custodial term of two years plus a day was accepted because, applying ss. 718–718.2 and relevant authorities, the sentence was proportionate to the unprovoked, extremely serious blunt-force assault that posed a grave risk to public safety; the mitigating factors (early plea, acceptance, substance abuse and mental-health issues) did not outweigh the need for denunciation, deterrence and separation, and the joint recommendation would not bring the administration of justice into disrepute.

Citation
2014 NSPC 45
Parties
Prosecution: Her Majesty the Queen; Defendant: Cody Dylan MacIntosh
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 June 2014
Procedural Posture
Criminal Assault (para. 267(b) Criminal Code) / Sentencing (decision on Sentence)
Outcome
Guilty plea accepted; sentenced to two years plus a day to be served in a federal penitentiary.
Legal Topics
Sentencing, Assault Causing Bodily Harm, Restitution, Victim Surcharge, DNA Collection Order, Non Communication Order, Firearm Prohibition, Mental Health Programming, Joint Submission/consent Order
Source Language
English
Criminal Law Sentencing Assault Causing Bodily Harm Restitution Victim Surcharge DNA Collection Order Non Communication Order Firearm Prohibition +2 more

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Parties

Her Majesty the Queen

Prosecution

Cody Dylan MacIntosh

Defendant

Procedural Posture

Criminal Assault (para. 267(b) Criminal Code) / Sentencing (decision on Sentence)

Legal Issues

  1. 1 Whether the joint submission of two years plus a day is reasonable or would bring the administration of justice into disrepute
  2. 2 Appropriate weight to aggravating factors (serious unprovoked violence, severe injury) and mitigating factors (early guilty plea, acceptance of responsibility, substance abuse and mental health struggles)
  3. 3 Whether custody and a federal sentence are required for public protection and denunciation

Ratio Decidendi

The joint submission of a custodial term of two years plus a day was accepted because, applying ss. 718–718.2 and relevant authorities, the sentence was proportionate to the unprovoked, extremely serious blunt-force assault that posed a grave risk to public safety; the mitigating factors (early plea, acceptance, substance abuse and mental-health issues) did not outweigh the need for denunciation, deterrence and separation, and the joint recommendation would not bring the administration of justice into disrepute.

Court Disposition

Guilty plea accepted; sentenced to two years plus a day to be served in a federal penitentiary.

Orders

  • Custodial sentence of two years plus a day to be served in a federal penitentiary.
  • Primary-designated-offence DNA collection order.