R v. Thibault

R v. Thibault

Defendant does not meet the test for a conditional sentence because of repeated breaches of release and probation conditions, ongoing substance-facilitated offending while under supervision, and a demonstrated risk to public safety; therefore a custodial sentence of 14 months (for aggravated assault) with concurrent sentences (6 months for assaulting an officer, 30 days for breach) and 24 months probation on release is imposed to achieve denunciation, deterrence and public protection while allowing for extended supervision and rehabilitation.

Citation
2023 NSPC 22
Parties
Crown: His Majesty the King; Defendant: Colton Leigh Thibault
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 May 2023
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Sentence imposed: 14 months custody for aggravated assault; concurrent 6 months for assault on a police officer; concurrent 30 days for breach of probation; followed by 24 months of probation.
Legal Topics
Aggravated Assault, Assault on Police Officer, Breach of Probation, Conditional Sentence Order Test, Risk Assessment for Community Safety
Source Language
English
Criminal Law Sentencing Probation Conditional Sentences Aggravated Assault Assault on Police Officer Breach of Probation Conditional Sentence Order Test +1 more

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Parties

His Majesty the King

Crown

Colton Leigh Thibault

Defendant

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether a Conditional Sentence Order (CSO) is available and appropriate
  2. 2 Appropriate custodial length for aggravated assault and related offences
  3. 3 Effect of prior breaches of release conditions on CSO eligibility and risk assessment

Ratio Decidendi

Defendant does not meet the test for a conditional sentence because of repeated breaches of release and probation conditions, ongoing substance-facilitated offending while under supervision, and a demonstrated risk to public safety; therefore a custodial sentence of 14 months (for aggravated assault) with concurrent sentences (6 months for assaulting an officer, 30 days for breach) and 24 months probation on release is imposed to achieve denunciation, deterrence and public protection while allowing for extended supervision and rehabilitation.

Court Disposition

Sentence imposed: 14 months custody for aggravated assault; concurrent 6 months for assault on a police officer; concurrent 30 days for breach of probation; followed by 24 months of probation.

Orders

  • Custody: 14 months for aggravated assault (s.268 Criminal Code)
  • Concurrent custody: 6 months for assault on a peace officer (s.270(1))