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Criminal law 2025 NSPC 45

R v Williams

Court
Nova Scotia Provincial Court

Given the gravity of intimate-partner sexual assault and the primacy of denunciation and deterrence, but having found significant mitigating factors (notably alcohol-use disorder reducing moral culpability, absence of prior violent record, stable community supports and manageable risk), the Court concluded a community-based punitive sanction (a 10-month conditional sentence order, adjusted to account for 11 months remand credit) was fit; concurrent sentencing applied to the sexual assault and assault counts while threats and breach counts were consecutive; ancillary orders (DNA, 10-year SOIRA…

Source excerpt

  • Sexual assault
  • Assault
  • Uttering threats
  • Breach of probation
  • Conditional sentence order (cso)
  • Remand credit
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Criminal law 2024 NSSC 196

R. v. Whynder

Court
Supreme Court of Nova Scotia

The court found the s.753(1) criteria satisfied: manslaughter is a serious personal injury offence and the offender demonstrated a pattern of persistent aggressive behaviour and intractability supported by criminal and institutional records and forensic psychiatric opinion, warranting dangerous offender designation. However, on the evidence as a whole (forensic report, IRCA, institutional conduct, resources and joint recommendation) the court was satisfied there was a reasonable expectation that a determinate custodial term of four years followed by a ten-year Long Term Supervision Order woul…

Source excerpt

  • Dangerous offender designation
  • Long-term supervision order
  • Remand credit calculation
  • Joint recommendation on sentence
  • Ancillary orders (firearms prohibition, dna)
  • Irca/gladue-type social context reports
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Criminal law 2023 NSPC 42

R. v. Eisener

Court
Nova Scotia Provincial Court

Balancing significant aggravating factors (commission while on statutory release, extensive and escalating criminal record, need for specific deterrence) against mitigating facts (brief confinement under one minute, no weapon, no physical injury, not a planned hijacking and mid-to-low moral blameworthiness), the appropriate individual sentences are 12 months for unlawful confinement and 60 days concurrent for resisting arrest; applying enhanced remand credit of 224 days (121 days remand credited at 1.5:1 plus accounting adjustments) yields 141 days remaining to be served; lifetime weapons pro…

Source excerpt

  • Unlawful confinement
  • Resisting or obstructing a peace officer
  • Sentencing principles (proportionality, totality)
  • Enhanced remand credit (carvery)
  • Section 109 weapons prohibition
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Criminal law 2016 NSPC 53

R, v. Walsh

Court
Nova Scotia Provincial Court

Balancing aggravating factors (possession of a knife, victim impact, need for general deterrence) against mitigating factors (attempt only, no display or use of weapon, immediate cooperation, evidence of rehabilitation), the court found moral culpability at the lower end of the moderate range, imposed a three-year custodial sentence, and applied Carvery remand credit of 1.5 days per day (123 days). The court also imposed ancillary orders including DNA collection, no-contact endorsement, fines/surcharge and a mandatory firearm prohibition.

Source excerpt

  • Attempted robbery
  • Sentencing principles
  • General deterrence
  • Dna collection order
  • Firearm prohibition
  • Sentencing parity
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Criminal law 2014 NSSC 141

R. v. Bowden

Court
Supreme Court of Nova Scotia

Court accepted the joint recommendation of experienced Crown and defence counsel and imposed a three year custodial sentence on the aggravated assault conviction with remand credit of 311 days (including 1.5:1 credit where applicable), imposed a concurrent 30 day sentence on the breach count, dismissed the remaining counts for no Crown evidence, ordered a DNA order and a ten year s.109 weapons prohibition, and waived the victim fine surcharge based on financial circumstances.

Source excerpt

  • Aggravated assault
  • Breach of probation
  • Attempted murder charge dismissed
  • Remand credit calculation
  • Dna order
  • Weapons prohibition order
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Criminal law 2011 NSPC 31

R. v. Billard

Court
Nova Scotia Provincial Court

The court applied the compensatory interpretation of s.719(3.1) (following R. v. Johnson and R. v. Dann) and granted an enhanced remand credit at 1.5:1 (139 days remand = 209 days credit/6 months 27 days). Balancing aggravating factors (prior record, prior fatality causing driving prohibition, breach of probation, unsafe vehicle, reversal into an officer, possession of a knife) against mitigating factors (youth, guilty plea, signs of maturation and pro‑social progress, psychiatric assessment), the court imposed a global custodial sentence of nine months (four months concurrent for breach of p…

Source excerpt

  • Remand credit application
  • Sentencing principles and proportionality
  • Youth rehabilitation
  • Driving prohibition
  • Section 109 weapons prohibition
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.