Aggravated assault
R. v. Shand
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
Crown asked4 years in custody1
Judge imposedSuspended sentence with 36 months probation1
4 years less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked4 years in custody
Judge imposedSuspended sentence
Kyle Steven Shand pleaded guilty to aggravated assault for stabbing the victim in the back in Dartmouth, causing serious and lasting injuries. The Crown sought four years less time served; the defence sought time served or a suspended sentence with three years of probation. Justice Boudreau suspended the passing of sentence and imposed 36 months of probation, concluding that custody was not required for denunciation and deterrence given that he was a youthful first-time offender with good prospects for rehabilitation.
In the judge's words
1I have concluded that a custodial sentence is not required to achieve denunciation and deterrence here.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: Scott Morrison
Defence: Tony Amoud
Sources
- R. v. Shand, 2021 NSSC 263 Court decision, CanLII, July 6, 2021
[30] The Crown in the present case suggests that a sentence of four years minus time served is a fit and proper sentence for Mr. Shand.
[2] The offence of aggravated assault carries a maximum of 14 years imprisonment and has no minimum.
[1] Mr. Shand pled guilty to one count of aggravated assault
[13] Mr. Shand is also a first time offender; he has no criminal record.
[60] … I have concluded that a custodial sentence is not required to achieve denunciation and deterrence here.
[61] Therefore, for the conviction of aggravated assault, I am suspending the passing of sentence on Mr. Shand and directing that he be released on a probation order for a period of 36 months.
- R. v. Shand, 2021 NSSC 263 Court decision, Courts of Nova Scotia