R. v. Bowser

R. v. Bowser

Given the absence of convictions for assault causing bodily harm, the mitigating factors (remorse, youth, lack of record, family supports, insight), the intimate relationship context and comparable jurisprudence on common assault, custody was not necessary; a 12‑month suspended sentence concurrent on the three counts with 12 months probation and ancillary orders best accomplishes sentencing objectives.

Citation
2019 NSSC 154
Parties
Crown: Her Majesty the Queen; Accused: Gregory Howard Bowser; Complainant: Du Preez Steyn
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 May 2019
Procedural Posture
Criminal Assault / Sentencing
Outcome
Suspended sentence of 12 months concurrent on three counts; 12 months probation; firearms prohibition and DNA order imposed
Legal Topics
Common Assault, Domestic/partner Violence, Suspended Sentence, Probation, Ancillary Orders, Firearms Prohibition, DNA Order
Source Language
English
Criminal Law Sentencing Common Assault Domestic/partner Violence Suspended Sentence Probation Ancillary Orders Firearms Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Gregory Howard Bowser

Accused

Du Preez Steyn

Complainant

Procedural Posture

Criminal Assault / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for three counts of common assault arising from an intimate relationship
  2. 2 Whether a custodial sentence is required or a non‑custodial disposition is appropriate
  3. 3 Whether ancillary orders (firearms prohibition and DNA order) should be imposed

Ratio Decidendi

Given the absence of convictions for assault causing bodily harm, the mitigating factors (remorse, youth, lack of record, family supports, insight), the intimate relationship context and comparable jurisprudence on common assault, custody was not necessary; a 12‑month suspended sentence concurrent on the three counts with 12 months probation and ancillary orders best accomplishes sentencing objectives.

Court Disposition

Suspended sentence of 12 months concurrent on three counts; 12 months probation; firearms prohibition and DNA order imposed

Orders

  • Suspended sentence for 12 months on Counts 1, 2 and 4, concurrent
  • Probation for 12 months with mandatory conditions and additional conditions including reporting to probation, abstain from alcohol and non‑prescribed controlled substances, no weapons, no contact with Du Preez Steyn except through a lawyer, 25 metre no‑contact, and attend assessments and counselling (mental health,...