Aggravated assault, Possession of a weapon for a dangerous purpose, Assault, Resisting or obstructing a peace officer

R. v. Horton

Sentence and the Crown's position

Crown askedNot recorded
Judge imposed4 years for aggravated assault, consecutive to the sentence being served; 60 days and 30 days concurrent on the other counts1

What the law allows

Maximum14 years
Judge imposed4 years in custody
For aggravated assault (CC 268), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 29% of the maximum. Read the section.

Lorne Eric Corey Horton pleaded guilty to aggravated assault, common assault, resisting police officers and possession of a weapon for a dangerous purpose after cutting a family member's face with a box cutter during a family fight on Christmas Day 2017. The decision does not state the Crown's position. Justice Campbell imposed 4 years for the aggravated assault, consecutive to the sentence he was already serving, with concurrent sentences on the other counts, finding the case in the middle of the range because the knife was used in an unplanned fight.

In the judge's words

A sentence of 4 years is the shortest period of incarceration that reflects his level of moral culpability in committing a serious act of violence with a weapon.

1

The record

Prior convictions
8 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Jane Mills
Defence: Matthew Kennedy

Sources

  1. R. v. Horton, 2022 NSSC 13 Court decision, CanLII, January 20, 2022[1] Lorne Eric Corey Horton is being sentenced today for 4 offences that he committed on Christmas Day in 2017.[15] Mr. Horton does have a criminal record that predates these convictions. In June 2014 he was sentenced to 3 years of imprisonment with respect to four firearms related offences. The next month, July 2014, he was sentenced to 20 days of custody for theft under $5,000 and on the same day, 10 days consecutive custody for failing to appear in court. In July 2016 he was sentenced to 20 days incarceration for failing to comply with a recognizance or undertaking, and 20 days concurrent to that sentence for resisting or obstructing a peace officer.[43] … A sentence of 4 years is the shortest period of incarceration that reflects his level of moral culpability in committing a serious act of violence with a weapon.[43] Mr. Horton is neither at the very highest end nor the lowest end of the range for aggravated assault. A sentence of 4 years is the shortest period of incarceration that reflects his level of moral culpability in committing a serious act of violence with a weapon. That sentence will be served consecutive to the sentence that he is now serving.
  2. Criminal Code, s. 268 Record, Justice Laws Website
  3. R. v. Horton, 2022 NSSC 13 Court decision, Courts of Nova Scotia

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