R. v. Basso

R. v. Basso

The court found the Fallofield prerequisites for a discharge were not met and that a discharge would be contrary to the public interest given the gratuitous and unjustified use of force by a police officer on a vulnerable person; the offence constituted an abuse of public trust requiring denunciation and general deterrence. Balancing aggravating and mitigating factors, the judge imposed a custodial sentence of three months, a 10-year s.109 firearms prohibition, a primary DNA order, and 12 months probation with conditions for anger management and no contact with the victim.

Citation
2020 NSPC 16
Parties
Crown: Her Majesty the Queen; Defendant: Laurence Gary Basso
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 January 2020
Procedural Posture
Criminal (assault Causing Bodily Harm) / Sentencing
Outcome
Defendant found guilty; sentenced to 3 months incarceration; s.109 firearms prohibition for 10 years; primary DNA order; 12 months probation with conditions
Legal Topics
Assault Causing Bodily Harm, Discharge Under S.730, Abuse of Public Trust, Denunciation and Deterrence, Parity and Proportionality, Firearms Prohibition, DNA Order, Probation and Rehabilitation
Source Language
English
Criminal Law Police Misconduct Sentencing Assault Causing Bodily Harm Discharge Under S.730 Abuse of Public Trust Denunciation and Deterrence Parity and Proportionality +3 more

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Parties

Her Majesty the Queen

Crown

Laurence Gary Basso

Defendant

Procedural Posture

Criminal (assault Causing Bodily Harm) / Sentencing

Legal Issues

  1. 1 Whether a discharge under s.730 is appropriate in the circumstances
  2. 2 Appropriate sentence for a police officer convicted of assault causing bodily harm
  3. 3 Weight to be given to breach of public trust and prior disciplinary findings

Ratio Decidendi

The court found the Fallofield prerequisites for a discharge were not met and that a discharge would be contrary to the public interest given the gratuitous and unjustified use of force by a police officer on a vulnerable person; the offence constituted an abuse of public trust requiring denunciation and general deterrence. Balancing aggravating and mitigating factors, the judge imposed a custodial sentence of three months, a 10-year s.109 firearms prohibition, a primary DNA order, and 12 months probation with conditions for anger management and no contact with the victim.

Court Disposition

Defendant found guilty; sentenced to 3 months incarceration; s.109 firearms prohibition for 10 years; primary DNA order; 12 months probation with conditions

Orders

  • Custody: 3 months (90 days) incarceration
  • Firearms prohibition pursuant to s.109 Criminal Code for 10 years