Assault causing bodily harm

R. v. Gloade

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked3 years and 6 months in custody1
Judge imposed14 months (420 days) incarceration, fully satisfied by 1,296 days of enhanced remand credit; lifetime s. 109 prohibition, DNA1
855 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked3 years and 6 months in custody
Judge imposed14 months in custody
Defence asked10 months in custody
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.

Perry Rolin Gloade pleaded guilty partway through trial to assault causing bodily harm for repeatedly punching his wife in the face at Millbrook First Nation in October 2017. The Crown sought three and a half years less time in custody; the defence sought 10 months less time served. Judge Michie imposed 14 months (420 days) of incarceration, finding his blameworthiness high but reduced by significant Gladue factors, and credited 1,296 days of enhanced remand credit, so the sentence was fully served.

In the judge's words

First the nature of the assault, what the victim described as five hard strikes to the face which rendered her unconscious at one point, was merciless. It was a rage filled attack. I find his level of blameworthiness to be high in this case but reduced somewhat in light of the presence of significant Gladue factors.

1

The record

Convicted of
Prior convictions
15 prior convictions, 4 violent1
At the time of the offence
Not stated1
Defence asked for
10 months in custody1
Appeal
Not yet checked
Counsel
Crown: Thomas Kayter
Defence: Billy Sparks

Sources

  1. R. v. Gloade, 2022 NSPC 59 Court decision, CanLII, July 15, 2022[9] … The Crown says that Mr. Gloade should be jailed for three and a half years, less time in custody. On the other hand, the Defence seeks a sentence of 10 months custody less time served.[9] … The Crown says that Mr. Gloade should be jailed for three and a half years, less time in custody. On the other hand, the Defence seeks a sentence of 10 months custody less time served.[48] … The statutory parameters are no minimum penalty to a maximum penalty of 10 years imprisonment.[1] Perry Rolin Gloade was charged with two offences arising from events that occurred on October 27, 2017; aggravated assault contrary to s. 268 and unlawful confinement, contrary to s. 279(2) of the Criminal Code.[40] Prior record (Prior to Offence Date of October 27, 2017) … [64] The aggravating factors include: … A substantial and related prior criminal record which includes not only crimes of violence, but prior crimes of intimate partner violence in particular a conviction for aggravated assault against an intimate partner in 2013 in the province of New Brunswick for which the accused received a federal penitentiary sentence of three years.[66] … First the nature of the assault, what the victim described as five hard strikes to the face which rendered her unconscious at one point, was merciless. It was a rage filled attack. I find his level of blameworthiness to be high in this case but reduced somewhat in light of the presence of significant Gladue factors.[79] After considering all the circumstances, the gravity of this crime and the circumstances of this offender, and balancing all the sentencing principles and factors, I find that a just sentence is a period of 14 months incarceration or 420 days. Mr. Gloade is credited for 1296 days of remand time served. Mr. Gloade has served the entirety of his sentence for this offence while he was on remand, awaiting trial on this and other matters.
  2. R. v. Gloade, 2022 NSPC 59 Court decision, Courts of Nova Scotia

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