R. v. Planetta

R. v. Planetta

On the facts — two relatively minor domestic assaults, no prior criminal record, demonstrated engagement in counselling, and significant collateral consequences already experienced — a conditional discharge with one year probation adequately meets sentencing objectives and is not contrary to the public interest for this accused; accordingly court grants conditional discharge, imposes one year probation with specified terms, and declines both the Crown's request for a DNA order under s.487.051 and a firearms prohibition under s.110.

Citation
2021 NSPC 30
Parties
Crown: Her Majesty the Queen; Defendant: Kristopher Karl Planetta
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 July 2021
Procedural Posture
Criminal Assault (s.266(b) Criminal Code) / Sentencing / Decision on Sentence
Outcome
Conditional discharge granted
Legal Topics
Domestic Violence, Assault, Discharge Vs Conviction, Probation, DNA Databank Orders, Firearms Prohibition, Police Officer Conduct
Source Language
English
Criminal Law Sentencing Police Discipline Domestic Violence Assault Discharge Vs Conviction Probation DNA Databank Orders +2 more

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Parties

Her Majesty the Queen

Crown

Kristopher Karl Planetta

Defendant

Procedural Posture

Criminal Assault (s.266(b) Criminal Code) / Sentencing / Decision on Sentence

Legal Issues

  1. 1 Whether a conditional or absolute discharge is appropriate versus a suspended sentence/conviction for two domestic assaults
  2. 2 Whether the accused's status as a police officer makes a discharge contrary to the public interest
  3. 3 Whether a DNA order under s.487.051 should be made for secondary designated offences

Ratio Decidendi

On the facts — two relatively minor domestic assaults, no prior criminal record, demonstrated engagement in counselling, and significant collateral consequences already experienced — a conditional discharge with one year probation adequately meets sentencing objectives and is not contrary to the public interest for this accused; accordingly court grants conditional discharge, imposes one year probation with specified terms, and declines both the Crown's request for a DNA order under s.487.051 and a firearms prohibition under s.110.

Court Disposition

Conditional discharge granted

Orders

  • Conditional discharge imposed
  • Probation for one year with terms: (1) usual reporting requirements; (2) undertake recommended personal or domestic violence counselling; (3) no direct or indirect contact with victim Amanda MacDonald and no attendance at her residence or workplace except through counsel, with her prior consent, or as authorized by...