R. v. Barton

R. v. Barton

The court found on the facts that the possession and display of an exacto-type knife in this domestic dispute did not amount to a "serious personal injury offence" under s.752; therefore the accused was eligible to have a custodial sentence of 12 months served in the community under the conditional-sentence regime in place at the time, and imposing such a sentence with strict supervisory and prohibitive conditions was fit and proportionate under ss.718-718.2.

Citation
2013 NSPC 35
Parties
Crown: Her Majesty the Queen; Accused: Christopher Damon Barton
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 May 2013
Procedural Posture
Criminal / Sentencing
Outcome
Sentence imposed: 12 months custody to be served in the community under a conditional-sentence style order (house arrest then curfew)
Legal Topics
Uttering Threats, Assault, Possession of a Weapon for an Offence, Conditional Sentence Eligibility, Serious Personal Injury Offence (s.752), Interpretation of Violence, S.742.1 Conditional Sentencing
Source Language
English
Criminal Law Sentencing Domestic Violence Uttering Threats Assault Possession of a Weapon for an Offence Conditional Sentence Eligibility Serious Personal Injury Offence (s.752) +2 more

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Parties

Her Majesty the Queen

Crown

Christopher Damon Barton

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offences constitute a "serious personal injury offence" under s.752 of the Criminal Code
  2. 2 Whether the offender is eligible to serve a custodial sentence in the community under s.742/742.1
  3. 3 What is a fit and proportionate sentence given the facts, record and s.718-718.2 principles

Ratio Decidendi

The court found on the facts that the possession and display of an exacto-type knife in this domestic dispute did not amount to a "serious personal injury offence" under s.752; therefore the accused was eligible to have a custodial sentence of 12 months served in the community under the conditional-sentence regime in place at the time, and imposing such a sentence with strict supervisory and prohibitive conditions was fit and proportionate under ss.718-718.2.

Court Disposition

Sentence imposed: 12 months custody to be served in the community under a conditional-sentence style order (house arrest then curfew)

Orders

  • Custody of 12 months to be served in the community under supervision
  • Keep the peace and be of good behaviour; appear when required by court