Assault

R. v. Planetta

  • Below the Crown's ask
  • No jail for a violent offence

Sentence and the Crown's position

Crown askedSuspended sentence1
Judge imposedConditional discharge with one year of probation; DNA order and s. 110 firearms prohibition declined1

What the law allows

Maximum5 years
Crown askedSuspended sentence
Judge imposedDischarge
Defence askedDischarge
For assault (CC 266), the Criminal Code currently allows up to 5 years when the Crown proceeds by indictment, with no mandatory minimum. Read the section.

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

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.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: Alicia Kennedy
Defence: David Bright Q.C.

Sources

  1. 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.
  2. Criminal Code, s. 266 Record, Justice Laws Website
  3. R. v. Planetta, 2021 NSPC 30 Court decision, Courts of Nova Scotia

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