Assault causing bodily harm
R. v. Thompson
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1I 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.
The record
- Convicted of
- Assault causing bodily harm (CC 267(b))
- 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
- R. v. Thompson, 2022 NSPC 25 Court decision, CanLII, June 22, 2022
It 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
- R. v. Thompson, 2022 NSPC 25 Court decision, Courts of Nova Scotia