R. v. Norton

Parties

Procedural Posture

Criminal / Sentencing

Legal Issues

1. 1 Whether a conditional sentence order is available and appropriate
2. 2 Proper weight and role of an IRCA when determining moral blameworthiness and sentence range
3. 3 Appropriate sentence length given aggravating and mitigating factors including presence of children, use of weapons, and repeated intimate partner violence

Ratio Decidendi

A conditional sentence was unavailable because the offences comprised multiple, repeated and degrading acts of intimate partner violence over two years involving weapons and occurring in the home in the presence of children, producing significant physical and psychological harm; the IRCA was considered and provided contextual mitigation but did not sufficiently reduce moral blameworthiness to avoid incarceration; the appropriate range was 12–24 months and a global sentence of 20 months custody followed by 24 months probation was imposed with ancillary orders (DNA, 10-year firearms prohibition, and no communication under s.743.21); culturally competent (afro-centric) counselling and...

Court Disposition

Guilty pleas accepted; sentenced to 20 months imprisonment followed by 24 months probation; ancillary orders made

Orders

• Count 3 (s.264.1(1)(a)) uttering threats: 3 months custody to be served concurrent to count 4
• Count 4 (s.266) assault: 8 months custody