Assault causing bodily harm

R. v. Thompson

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

Sentence and the Crown's position

Crown asked15 months in custody1
Judge imposed15 months conditional sentence (9 months house arrest, then curfew), then 15 months probation1
15 months less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum10 years
Crown asked15 months in custody
Judge imposed15 months conditional sentence
Defence askedSuspended sentence
For assault causing bodily harm (CC 267(b)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 12% of the maximum. Read the section.

Randall Dwight Thompson was found guilty after trial of assault causing bodily harm for attacking a fellow prisoner from behind at the Central Nova Scotia Correctional Facility in 2018, leaving the victim with a broken nose and a head wound. The Crown, proceeding summarily, sought 15 months in jail followed by 24 months of probation; the defence sought a suspended sentence or, alternatively, a conditional sentence. Judge Tax imposed a 15-month conditional sentence followed by 15 months of probation, finding it the least restrictive appropriate sanction in light of a very positive pre-sentence report and an Impact of Race and Culture Assessment.

In the judge's words

I find that a CSO of imprisonment in the community is the least restrictive sanction that is appropriate in all of the circumstances of the case and that it is not necessary to separate Mr. Thompson from society by ordering a sentence of imprisonment in a Correctional Centre.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Suspended sentence1
Appeal
Not yet checked
Counsel
Crown: Lisandra Hernandez
Defence: Quy Linh

Sources

  1. R. v. Thompson, 2022 NSPC 25 Court decision, CanLII, June 22, 2022It is the position of the Crown that the just and appropriate sentence should be 15 months in jail, followed by 24 months of probation to stress deterrence and denunciation since this was an unprovoked attack of another person in custody at the Correctional Facility.In those circumstances, Defence Counsel submits that a suspended sentence or, in the alternative, a Conditional Sentence Order of imprisonment in the community would be the just and appropriate sentence.There was not then, nor now, a minimum punishment stipulated for this offence.[1] Following a trial, Mr. Randall Thompson was found guilty of having assaulted[86] … I find that a CSO of imprisonment in the community is the least restrictive sanction that is appropriate in all of the circumstances of the case and that it is not necessary to separate Mr. Thompson from society by ordering a sentence of imprisonment in a Correctional Centre.[83] … I find that the just and appropriate sanction in this case is to express significant deterrence and denunciation through strict terms and conditions of a Conditional Sentence Order of imprisonment in the community of 15 months. … [87] Following the 15-month conditional sentence order, I hereby order Mr. Thompson to be subject to the terms of a probation order for 15 months
  2. R. v. Thompson, 2022 NSPC 25 Court decision, Courts of Nova Scotia

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