Assault
R. v. Planetta
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
What the law allows
Kristopher Karl Planetta, a police officer, was found guilty after trial of two assaults on his spouse, in February 2017 and October 2018. The Crown sought a suspended sentence with 18 months of probation; the defence sought a discharge. Judge Ross granted a conditional discharge with one year of probation, citing the relatively minor nature of the assaults, his lack of a prior record, his counselling, and the three years he had already spent removed from police duties.
In the judge's words
1I do not think that it is contrary to the public interest to grant the accused a conditional discharge coupled with probation for one year. Should he commit another offence or breach the terms of probation, his sentence can be revisited by the court and a conviction substituted for the discharge.
The record
Sources
- R. v. Planetta, 2021 NSPC 30 Court decision, CanLII, July 7, 2021
[2] The Crown seeks a suspended sentence and 18 months probation.
[2] The Crown seeks a suspended sentence and 18 months probation. The Defence seeks a discharge, absolute or upon conditions.
Kristopher Karl Planetta
[43] … He has no prior convictions of any kind.
[47] Given: … I do not think that it is contrary to the public interest to grant the accused a conditional discharge coupled with probation for one year. Should he commit another offence or breach the terms of probation, his sentence can be revisited by the court and a conviction substituted for the discharge.
[47] Given: … I do not think that it is contrary to the public interest to grant the accused a conditional discharge coupled with probation for one year. Should he commit another offence or breach the terms of probation, his sentence can be revisited by the court and a conviction substituted for the discharge.
- Criminal Code, s. 266 Record, Justice Laws Website
- R. v. Planetta, 2021 NSPC 30 Court decision, Courts of Nova Scotia