R. v. Herritt

R. v. Herritt

Given the prolonged, violent domestic assault in front of children, the high ODARA risk score and the unreliability of the accused's psychiatric claims (s.672 assessment indicating probable exaggeration/malingering), the judge found diminished weight on PTSD mitigation and concluded that a custodial sentence of 2 years minus one day for assault plus 60 days consecutive for breach, together with a 3 year probation with strict conditions, DNA and 10‑year weapons prohibition, was the proportionate and fit sentence balancing denunciation, deterrence, public protection and rehabilitation.

Citation
2019 NSPC 62
Parties
Crown: Her Majesty The Queen; Defendant: James William Herritt
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 February 2019
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted on guilty plea; sentenced
Legal Topics
Assault Causing Bodily Harm, Breach of Recognizance, Probation, Victim Impact, DNA Order, Weapons Prohibition, Section 672 Psychiatric Assessment, Open Court/media Reporting
Source Language
English
Criminal Law Sentencing Family/domestic Violence Assault Causing Bodily Harm Breach of Recognizance Probation Victim Impact DNA Order +3 more

Case Brief

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Parties

Her Majesty The Queen

Crown

James William Herritt

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for aggravated domestic assault
  2. 2 Consequence of breach of recognizance and consecutive sentencing
  3. 3 Effect of accused's PTSD and credibility of psychiatric evidence on moral culpability

Ratio Decidendi

Given the prolonged, violent domestic assault in front of children, the high ODARA risk score and the unreliability of the accused's psychiatric claims (s.672 assessment indicating probable exaggeration/malingering), the judge found diminished weight on PTSD mitigation and concluded that a custodial sentence of 2 years minus one day for assault plus 60 days consecutive for breach, together with a 3 year probation with strict conditions, DNA and 10‑year weapons prohibition, was the proportionate and fit sentence balancing denunciation, deterrence, public protection and rehabilitation.

Court Disposition

Accused convicted on guilty plea; sentenced

Orders

  • DNA order
  • Weapons prohibition under s.109 of the Criminal Code for 10 years