Uttering threats to cause death or bodily harm
R. v. Boutilier
- No jail for a violent offence
- On release at the time
Sentence and the Crown's position
What the law allows
Dean Edward Boutilier pleaded guilty to two counts of uttering threats against a neighbour and to breaching a condition of his release; the second threat, to burn the family's home, used racist language and was made while he was bound by a no-contact condition. Crown and defence jointly recommended a suspended sentence with one year of probation. Judge van der Hoek, despite misgivings, accepted the joint submission, finding it was not outside the range and not contrary to the public interest, and imposed concurrent one-year periods of probation.
In the judge's words
1I cannot say the recommendation is outside the range and, other than the racist undertones, the facts are not particularly uncommon. I simply cannot find the recommendation is unhinged and contrary to the public interest.
The record
- Convicted of
- Uttering threats to cause death or bodily harm (CC 264.1(1)(a), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: William Fergusson
Defence: Kyle Williams
Sources
- https://www.canlii.org/en/ns/nspc/doc/2022/2022nspc8/2022nspc8.html Court decision
[5] On January 10, 2022, following a brief sentencing hearing, the Court was asked to suspend the passing of sentence and place Mr. Boutilier on probation for one year … [7] Despite misgivings and concerns, the Court concludes it is legally bound to accept the joint submission
[5] On January 10, 2022, following a brief sentencing hearing, the Court was asked to suspend the passing of sentence and place Mr. Boutilier on probation for one year … [7] Despite misgivings and concerns, the Court concludes it is legally bound to accept the joint submission
[4] Mr. Boutilier pled guilty to three charges on two Informations
[19] He was charged and released on an undertaking with no contact provisions. … [40] Aggravating factors include racist language used and focused on a Black householder; twice targeting the family, the second time while bound by no contact conditions
[51] I cannot say the recommendation is outside the range and, other than the racist undertones, the facts are not particularly uncommon. I simply cannot find the recommendation is unhinged and contrary to the public interest.
[53] Mr. Boutilier, I suspend the passing of sentence and place you on concurrent one-year periods of probation with the following conditions:
- Criminal Code, s. 264.1 Record, Justice Laws Website
- R. v. Boutilier, 2022 NSPC 8 Court decision, Courts of Nova Scotia